IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. CWP No. 9472 of 2011-H. Decided on: November 9, 2011. M/S Pisces Communication Private Ltd Vrs. HRTC. Coram The Hon’ble Mr. Justice Kurian Joseph, Chief Justice The Hon’ble Mr. Justice Rajiv Sharma, Judge. For the petitioner: Mr. Saurab Bajaj, Advocate. For the Respondents: Mr. N.K.Thakur, Advocate. ---------------------------------------------------------------------------------------------- Justice Kurian Joseph, C.J. (Oral) The Writ Petition is filed mainly with the following prayers: “(i) In the nature of prohibitory from restraining the respondent corporation from illegally and arbitrary executing the award dated 30-08-2011 on their own inspite of the fact that the application under Section 34 of the Arbitration and Conciliation Act, 1996 is pending for consideration before the Ld. District Judge, Shimla and the next date of hearing is 17-11-2011. (ii) In the nature of prohibitory for restraining the respondent from terminating the agreement/contract dated 24-2-2010 (Annexure P-1) between the present petitioner and respondent corporation. (iii) In the nature certiorari for quashment of the filed order letter dated 30-10-2011 vide which the respondent corporation is adamant to terminate the agreement/contract dated 24-2-2010 and further ready to encash the bank guarantee furnished by the petitioner as a security with the Oriental Bank of Commerce, Uttri Pritam Pura, Delhi. (iv) During the pendency of the present Civil Writ Petition the respondent corporation may kindly be restrained from terminating the contract dated 24-02-2010 and further from encashment the bank guarantee provided by the petitioner.” 2. As rightly pointed out by the learned counsel for the respondent, though the petition as such is not maintainable, in view of the order we propose to pass in this case, we do not think it necessary to non-suit the petitioner on that ground. Learned counsel for the respondent submits that the petition for interim orders filed by the petitioner herein before the Additional District Judge, Shimla, is posted for hearing on 23.11.2011 and that only in terms of the order passed by the leaned Additional Judge in the interlocutory application any further action will be taken in the matter. The above submission is recorded. In view of the above 2 submission, no further orders are required in this petition and is accordingly closed, so also the pending application(s), if any. (Justice Kurian Joseph), Chief Justice. November 9, 2011. ( Justice Rajiv Sharma), (karan/vs) Judge.