Ashis Kumar Chakraborty, J. - (1.) This is an application under Section 9 of the Arbitration & Conciliation Act, 1996, as amended by Act 3 of 2016 (in short, "the Act of 1996").
(2.) The petitioner prays for re-imposition of the interim order dated October 12, 2017 passed by a learned Single Judge of this Court in the Vacation Bench, whereby the respondent Railway was restrained from invoking the bank guarantee issued by the Union Bank of India, Dharmatala Branch at its instance. The said bank guarantee was caused to be issued by the petitioner as and by way of performance guarantee. By the said order dated October 12, 2017 the learned Single Judge also stayed the operation of the notice dated September 20, 2016 issued by the respondent Railway thereby cancelling the purchase order dated February 22, 2017 issued in favour of the petitioner. The said interim order dated October 12, 2017 was valid for a period of six weeks.
(3.) In the instant case, the respondent Railway issued the purchase order dated February 22, 2017 to the petitioner for obtaining supply of certain articles. The said purchase order dated February 22, 2017 categorically mentioned that the same would be subject to the terms and conditions mentioned in the Indian Railways Standard Conditions of Contract (latest edition). Admittedly, by virtue of the arbitration clause mentioned in the Indian Railways Standard Conditions of Contract (latest edition) all the disputes between the parties relating to the said purchase order dated February 22, 2017 are required to be adjudicated in arbitral proceeding under the Act of 1996.;