HON’BLE SRI JUSTICE A. GOPAL REDDY AND HON’BLE SRI JUSTICE K.S. APPA RAO C.M.A. No.856 of 2011 Dated: 22-09-2011 Between: M/s.Larsen & Toubro Ltd., An existing company within the meaning of Companies Act, 1956, having its regd. Office At L&T House, Ballard Estate, P.O. Box No.278, Mumbai, rep. by its authorized representative Mr.K.Sreekumar …Appellant AND M/s.Zuari Cements Ltd., A company incorporated under the Companies Act, 1956 having its regd. Office At Krishna Nagar, Yerraguntla,Kadapa, A.P. Respondent This Court made the following: HON’BLE SRI JUSTICE A. GOPAL REDDY AND HON’BLE SRI JUSTICE K.S. APPA RAO C.M.A. No.856 of 2011 JUDGMENT: (Per Hon’ble Sri Justice A.Gopal Reddy) This appeal under Section 37 of Arbitration and Conciliation Act, 1996 (for short ‘Act’) is filed by the appellant-petitioner against the interim orders in I.A.No.1029 of 2011 in A.O.P.No.110 of 2011 dated 17.8.2011 passed by II Additional District Judge, Kadapa, Proddatur, whereby the application filed under Section 9 of the Act read with Order 39 Rules 1 and 2 C.P.C. seeking injunction pending the arbitration O.P. restraining the respondent from encashing the bank guarantee has been dismissed. It is now represented by learned counsel for the respondent that the main A.O.P. itself has been dismissed on 02.09.2011. In view of the dismissal of the A.O.P., the cause in the appeal has become infructuous. Accordingly, the appeal is dismissed as infructuous. Appellant is at liberty to file an appeal under Section 37 of the Act against the order passed dismissing the main A.O.P. and can raise all the contentions available to it under law. No costs. ________________ A. GOPAL REDDY, J. __________________ SEPTEMBER 22, 2011 K.S. APPA RAO, J. Tsr.