IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION ARBITRATION APPEAL NO.6 OF 2008 ARBITRATION APPEAL NO.6 OF 2008 ARBITRATION APPEAL NO.6 OF 2008 WITH WITH WITH CIVIL APPLICATION NO.7 OF 2008 CIVIL APPLICATION NO.7 OF 2008 CIVIL APPLICATION NO.7 OF 2008 Airports Authority of India ..Appellant. V/s. Garuda Aviation Services Pvt. Ltd. ..Respondent. Mr.Girish Kulkarni with Ms.Kavita Anchan i/b. M.V.Kini & Co. for appellant. Mr.Vinay J. Hegde for respondent. CORAM : J.P.DEVADHAR, J. CORAM : J.P.DEVADHAR, J. CORAM : J.P.DEVADHAR, J. DATED : 8TH FEBRUARY, 2008. DATED : 8TH FEBRUARY, 2008. DATED : 8TH FEBRUARY, 2008. P.C. :- P.C. :- P.C. :- 1. Heard counsel on both sides. 2. This appeal is filed under section 37 of the Arbitration and Conciliation Act, 1996 to challenge the orders dated 1st December, 2007 and 27th December, 2007 passed by the learned Arbitrator whereby the appellant is restrained from encashing the bank guarantee and the learned Arbitrator has fixed the matter for final hearing on 15th February, 2008. It is not in dispute that the bank guarantee of the Federal Bank Ltd. submitted by the respondent is due to expire on 10th February, 2008. Since - = : 2 : = - the matter is being heard by the learned Arbitrator finally on 15/2/2008, the learned counsel for the respondent namely Garuda Aviation Services Pvt. Ltd. undertakes to get the bank guarantee renewed upto 31st March, 2008. The undertaking is accepted. If the Arbitration proceedings are not concluded within the above period, it would be open to the learned Arbitrator to pass appropriate order in that behalf. 3. In this view of the matter, no further order is necessary in the appeal and the appeal is disposed of accordingly with no order as to costs. 4. In view of the disposal of the appeal, the Civil Application has become infructuous and hence disposed of as such. (J.P. DEVADHAR, J.) (J.P. DEVADHAR, J.) (J.P. DEVADHAR, J.)