FAO No. 3938 of 2009 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH -- FAO No. 3938 of 2009 (O&M) Date of decision: August 27, 2009 M/s Modern Transformers Private Ltd. ........ Appellant Versus UHBVNL and another .......Respondent(s) Coram: Hon'ble Ms Justice Nirmaljit Kaur -.- Present: Mr. Ashwani Talwar, Advocate for the appellant Mr. Narender Hooda, Advocate for the respondents -.- 1. Whether Reporters of local papers may be allowed to see the judgement? 2. To be referred to the Reporter or not? 3. Whether the judgement should be reported in the Digest? Nirmaljit Kaur, J. In view of the detailed order of even date passed separately in FAO No. 3518 of 2009 titled as 'Uttari Haryana Bijli Vitran Nigam Ltd. and another v. M/s Modern Transformers Private Limited', the instant appeal is partly allowed in the following terms:- a) The order dated 12.02.2009 passed by the Additional District Judge, Panchkula is set aside only to the extent vide which the appellant has been restrained from encashing the bank guarantee. FAO No. 3938 of 2009 2 b) There shall be no restrain on the respondents to encash the bank guarantee furnished by the appellant firm; c) The order dated 12.02.2009 passed by the Additional District Judge, Panchkula, black listing the appellant firm shall remain stayed till the appearance of the appellant firm before the Arbitrator at the first instance with liberty to the appellant firm to move the Arbitrator for staying the operation of the part of the order, vide which it is blacklisted. (Nirmaljit Kaur) Judge August 27, 2009 mohan