THE HON'BLE MR JUSTICE V.ESWARAIAH and THE HON'BLE MR JUSTICE K.S.APPA RAO C.M.A.No.1123 of 2011 JUDGMENT: (per the Hon’ble Sri Justice V. Eswaraiah) This appeal is filed against the order, dated 02-09-2011, passed in A.O.P.No.110 of 2011 by the II Additional District Judge, Kadapa at Proddatur, dismissing the application filed by the appellant under Section 9 of the Arbitration and Conciliation Act, 1996 (for short “the Act”) seeking to restrain the respondent from encashing the back guarantee, dated 07- 05-2011, pending initiation of the arbitration proceedings. It is stated that pending disposal of A.O.P., I.A.No.1029 of 2011 was filed before the court below to grant ad-interim injunction restraining the respondent from encashing the bank guarantee, dated 07-05-2011, and the said application was dismissed by order, dated 17-08-2011, against which C.M.A.No.856 of 2011 was filed and the same was dismissed by a Division Bench of this Court by judgment and decree, dated 22-09-2011, giving liberty to the appellant to file an appeal under Section 37 of the Act in the event of dismissing the main A.O.P. The court below by impugned order dismissed the said A.O.P., against which, the present appeal is filed. Both the learned counsel appearing for the respective parties fairly submit that the bank guarantee was already encashed by the respondent, after disposal of the interim application in the said A.O.P. and subsequently, the said A.O.P. was dismissed by the impugned order. The application under Section 9 of the Act is only to restrain the respondent from encashing the bank guarantee and as the bank guarantee was already encashed, we are of the opinion that this appeal has become infructuous. In view of encashment of bank guarantee, the learned counsel appearing for the appellant seeks permission of this Court to withdraw the appeal with a liberty to raise all its contentions before the arbitrator. Accordingly, the C.M.A. is dismissed as withdrawn giving liberty to the appellant to raise all its contentions before the Arbitrator. There shall be no order as to costs. ________________ V.ESWARAIAH, J ________________ K.S.APPA RAO, J Date:07-12-2011 Prv