1 arbp1173-10 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ARBITRATION PETITION NO.1173 OF 2010 Siddharth Infraprojects Pvt. Ltd. ....Petitioner V/s. Sadbhav Engineering Ltd. & Anr. ....Respondents Mr.Uday Shankar Samudrala for the Petitioner. Mr.Chetan Kapadia i/b Vidhi partners for Respondent No.1. CORAM : S.J. VAZIFDAR, J. DATE : 4TH OCTOBER, 2010. P.C. :- 1. By consent the arbitration petition is placed on board and heard finally. 2. The bank guarantee of which an injunction is sought expires on 31.10.2010. Under the terms of the agreement between the parties, the bank guarantee is to be kept alive till the end of the defect liability period of the main contract between respondent No.1 and the employer. As at present this period expires only on 15.2.2011. In the circumstances, it is imperative that if the petitioner desires the injunction in respect of the invocation of the bank guarantee, which is due to expire on 31.10.2010, it must be kept alive. 3. The arbitration petition is therefore, disposed of by the following order :- i). The bank guarantee shall not be invoked only in the event of 2 arbp1173-10 the petitioner renewing the same on or before 18.10.2010. ii). It is clarified that this order will not prevent respondent No.1 from invoking the bank guarantee thereafter. Liberty to the petitioner to file a fresh application in that event. The arbitration petition is accordingly disposed of.