Pankaj Mithal, J. - (1.) HEARD Sri Manu Khare along with Sri Pramood Kumar for the petitioner.
(2.) PETITIONER has furnished two bank guaranties BG No. 09401000000373 dated 4.12.2008 for a sum of Rs. 47,00,000/ - and BG No. 09401000000285 dated 10.10.2007 for a sum of Rs. 22,76,349/ - to the Financial Adviser and Chief Accounting Officer Construction Northern Central Railway, Allahabad as security for the performance of contract awarded to the petitioner. The said bank guarantees are valid upto 31st May 2014 to 8th July 2014. In connection with the contract certain disputes arose between the parties. The petitioner invoked the arbitration clause and filed petition under Section 11 of the Arbitration and Conciliation Act, 1996 before the Delhi High Court but the same was dismissed with the observation that the petition ought to have been presented before the Chief Justice of the Allahabad High Court. In the meantime before the petitioner could present a fresh petition under Section 11 of the Act before the Chief Justice or his designate of the Allahabad High Court, as the respondents have written to the Bank for encashment of the bank guarantees, petitioner applied under Section 9 of the Act for grant of interim protection.
(3.) THE District Judge by the impugned order dated 14.5.2014 has directed for issuing notices to the respondents fixing a date for consideration of grant of interim measure. In other words, no ex -parte interim protection has been granted on the ground that there appears to be no manifest intention on part of the petitioner to take recourse to arbitral proceedings.;