M.R.Mallick, J. - (1.) -
(2.) MATTER Nos. 1387 and 1388 of 1990 are taken up together for reasons of convenience as the same question of law and fact arise in both the petitions. In both the petitions the petitioner Hindusthan Paper Corporation Limited has prayed for review of the order dated March 23, 1989 passed by S. K. Hazari, J issuing the injunction order against the petitioner restraining them from invoking several bank guarantees in respect of the Contract entered into between the parties in two applications u/s. 41(b) of the Arbitration Act. Being aggrieved the present petitioner moved the Supreme Court and the Supreme Court by the order dated 15th December, 1989 gave liberty to the present petitioner to approach the learned Single Judge of this court by way of review. Thereafter, in both the application u/s. 41(b) of the Arbitration Act the application for review have been filed being Matter No.13187 and 1388 of 1990.
(3.) IT is submitted that the Division Bench in appeal against both the Special Suits u/s. 20 of the Arbitration Act deleted the references of the dispute regarding the bank guarantees by the order dated 14th August, 1989 as corrected by the order dated August 25, 1989. IT is also submitted that against the judgment of the Division Bench the present respondent moved the Supreme Court and the Supreme Court has dismissed the Special Leave Petition. The petitioner in each of the review petitions therefore submits that as the references of the dispute over the invocation of bank guarantees are no longer subject matters of arbitration the said reference being deleted by the Division Bench, the interim injunction orders restraining the present petitioner for invoking the bank guarantees could no longer continue and must be vacated.;