2026:UHC:3703-DB HIGH COURT OF UTTARAKHAND AT NAINITAL THE HON’BLE CHIEF JUSTICE SHRI MANOJ KUMAR GUPTA AND THE HON’BLE JUSTICE SHRI SUBHASH UPADHYAY 14th May, 2026 Appeal from Order No. 169 of 2026 M/S Jai Prakash and Sons ------Appellant Versus Union of India -----Respondent ---------------------------------------------------------------------- Presence:- Mr. Saurav Yadav, learned counsel (through V.C.) with Mr. Shivam Ratoori, learned counsel for the appellant. Mr. V. K. Kaparwan, learned counsel for the Union of India/respondent. ----------------------------------------------------------------------------------------- JUDGMENT: (per Manoj Kumar Gupta, C.J.) 1. Supplementary affidavit filed by the appellant in compliance of the order dated 13.05.2026 is taken on record. 2. The present appeal has been filed under Section 37 of the Arbitration and Conciliation Act, 1996, against order dated 22nd May, 2026, by which, the Commercial Court had granted further time to the respondent to file its objection to the Application under Section 9 of the Arbitration and Conciliation Act, 1996 and fixed 16.05.2026 as the next date of hearing. 3. Learned counsel for the appellant submits 1 2026:UHC:3703-DB that since the appellant was apprehending coercive action at the hand of the respondent, therefore, the appellant filed an urgency application on 06.05.2026 but again the Commercial Court without appreciating the urgency, directed the said application to be put up on the date already fixed. 4. In the supplementary affidavit filed today, it is stated that the respondents have succeeded in recovery of a sum of Rs. 3,00,59,565/-out of Rs.5,19,55,144/-by invoking the bank guarantees furnished by the petitioner by way of security for due execution of the contract. 5. Learned counsel for the respondent submits that 16th of May, 2026 is already fixed in the matter and he has no objection if the Commercial Court is directed to decide the matter on the said date. He states that the respondents would file its reply to the application under Section 9 of the Act, on or before the said date and would not seek any adjournment. 6. In view of the above, the present appeal is disposed of with direction to the Commercial Court to decide the application under Section 9 of the Act on 2 2026:UHC:3703-DB 16th May, 2026, the next date fixed in the case. 7. In case, for any unavoidable reason, the matter could not be heard and decided on the said date, the Commercial Court shall examine the prayer of the appellant for grant of interim protection during the pendency of the proceedings. 8. Appeal stands disposed of. 9. Pending application, if any, also stands disposed of. (MANOJ KUMAR GUPTA, C.J.) (SUBHASH UPADHYAY, J.) Dated: 14.05.2026 Kaushal 3