DINESH MEHTA, J. - (1.) Present application under Section 9 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as "the Act of 1996") has been preferred by the applicant inter-alia praying that the respondent be restrained from invoking or encashing bank guarantee of rupees five crores, which it had furnished pursuant to contract No.5100024963, executed with the respondent on 11.03.2019.
(2.) While issuing pre-admission notice on 14.5.2020, a Coordinate Bench of this Court passed an interim order and restrained the respondent from invoking above referred bank guarantee of rupees five crores.
(3.) A preliminary reply has been filed by the respondent Company whereby objection about maintainability of the present application before the High Court and following ancillary issues have been raised: "(a) the present matter is not an "international Commercial arbitration" under Section 2(1)(f) of the Arbitration and Conciliation Act, 1996; (b) the Applicant has suppressed the fact that the Applicant is an Indian incorporated body; (c) the allegations of fraud against the Respondents are misplaced; (d) the scope of interference by Courts in matters relating to involving bank guarantee is very limited; (e) the Applicant is pursuing divergent stances before this Hon'ble Court and before the Arbitral Tribunal; and (f) the Applicant should have first tried to settle the matter before initiating arbitration proceedings." ;