JUDGEMENT
A.S.BOPANNA,J. -
(1.) Leave granted.
(2.) The instant appeal has been filed assailing the judgment dated 10.2.2014 passed by the High Court of
Delhi at New Delhi in LPA No. 808/2012 wherein the
High Court allowed the LPA filed by Respondent No
1/National Textile Corporation Ltd. and inter alia restrained the
Arbitral Tribunal from proceeding with the arbitral claim
made by appellant herein.
(3.) As per the averments made by the appellant, M/s Shree Sitaram Mills Ltd. was taken over by National
Textile Corporation Ltd./Respondent No. 1 under the
Textile Undertaking (Takeover of Management) Act, 1983
and was nationalised w.e.f. 01.04.1994 under the Textile
Undertakings (Nationalisation) Act, 1995. Said Shree
Sitaram Mills Ltd. was enjoying credit facilities with the
Appellant Bank and Respondent No. 2, i.e. Ministry of
Textiles was the guarantor in respect of the said credit
facilities. The last guarantee was issued by the Ministry
of Textiles on 23.2.1995, valid up to 31.3.1996.;
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