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ATTOCK INDUSTRIAL PRODUCTS LIMITED versus HEAVY MECHANICAL COMPLEX (PVT.) LIMITED

Civil Procedure Code Order XXXIX temporarily injects and interlocutory orders A XXXIX, Rr 1 and 2 Arbitration Act (X of 1940), Section 41 and the Second Schedule Interim Order, grant of petitioner and defendant entered into an agreement According to the Respondent was fixed the construction of the manufacturing plant for the applicant at fixed cost The terms of the contract showed that the applicant allowed the respondent to make dynamic advance and periodic payments periodically while the respondent's applicant's four bank guarantees / Performance Bonds Bonds, Respondents That Project Despite Multiple Extension Permission Failure to complete within the stipulated period, the applicants file the respondents' request under Section 41 of the Arbitration Act, issuing notice of termination of the contract and claiming the disclosure of bank guarantees and performance bonds. Read with paragraph 4 of the Second Schedule and the RTT application has been dropped to prevent applicants under the CPC from the Guaranteed Trial of Bank Guarantees and Performance Bonds in which the Bank Guarantee is disclosed for a specified amount only. Permission granted, without reference to the applicants pursuant to the agreement The bank was entitled to evade guarantees or was obliged to raise the cash in the same manner without waiting for any judgment or decision against the defendant. The petitioner's request regarding respondent's respondents, otherwise the order was unable to fulfill the necessary components to provide relief for the defendant because one of the key components, which was irreparable harm, was the defendant's claim dispute. patent advocate from Gujrat lawyer