SL. No Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGES’S ORDERS D1- 29 WPMB No.828 of 2025 Hon’ble Ravindra Maithani, J. Hon’ble Alok Mahra, J. Mr. Shobhit Saharia, Advocate for the petitioner. Mr. Yogesh Chandra Tiwari, Additional C.S.C. for the State. Mr. D.S. Panti, Senior Advocate assisted by Mr. Sahil Mullick and Mr. Abhay Chattopadhyay, Advocates for the respondent no.3. The challenge in this petition is made to the communication dated 24.09.2025, by the respondent no.3, by which the respondent no.3 has invoked a bank guarantee issued by the Indian Bank, Haldwani Branch, in favour of the respondent no.3. Heard. Learned counsel for the petitioner submits that there is an arbitration clause, but the petitioner inadvertently believed that there is no arbitration clause in the agreement. He submits that due to this error, this fact has been stated in Para no.31 of the writ petition has stated that, “in as much as there is not even an arbitration clause allowed to be inserted so as to approach a commercial court under Section 9 of the Arbitration and Conciliation Act, 1996 for seeking any interim injunction.” Learned counsel for the petitioner seeks permission to withdraw the writ petition with the liberty to approach before the commercial court under Section 9 of the Arbitration and Conciliation Act, 1996, with the further request that till 30th of this month, the respondents may be directed not to invoke the bank guarantee. Learned Senior Counsel appearing for the respondent no.3 submits that the respondent no.3 will not invoke the bank guarantee till 30.09.2025. He further submits that he will accordingly inform the respondent no.4. The Court takes on record the statement given by learned Senior Counsel appearing for the respondent no.3. The writ petition is dismissed as withdrawn with the liberty as above. The respondent no.3 shall abide by the assurance before this Court. He shall not invoke the bank guarantee till 30.09.2025, and inform the respondent no.4/bank, accordingly. (Alok Mahra J.) (Ravindra Maithani J.) 26.09.2025 RV