1. O.A. Nos. 731, 732 and 734 of 2015 are filed to pass an order of interim injunction restraining the Chennai Metro Rail Limited from invoking or negotiating or receiving any amounts under the Bank guarantee referred to in the respective applications from the respective second respondent Bank, pending disposal of the arbitration proceedings.
2. Application Nos. 4685 & 4686 of 2015 are filed to stay the operation of the order of termination dated 13.07.2015 passed by the Chennai Metro Rail Limited/Employer with respect to the contract agreement dated 18.03.2011 pertaining to Contract UAA-02 and Contract UAA-03 respectively until disposal of arbitral proceedings.
3. The applicant in all these applications are one and the same viz., M/s. GAMMON-OJSC Mosmetrostroy JV. Since the issues involved in all these applications are common, the facts and circumstances as narrated in all these applications are also common, they are extracted hereunder as follows:
"3(i). The Chennai Metro Rail Limited (hereinafter called CMRL) called for bids for works related to Contract UAA-02, design and construction of Underground Stations of Government Estate, LIC Building and Thousand Lights and Associated Tunnels relating to Package-II and Contract UAA-03, Underground Stations at Gemini, Teynampet, Chamiers Road, Saidapet, and Associated Tunnels relating to Package-III.
3(ii) M/s. GAMMON India Limited (hereinafter called as GAMMON) and M/s. OJSC Mosmetrostroy (hereinafter called as MMS) entered into a Joint Venture, namely M/s. GAMMON OJSC Mosmetrostroy JV, for executing the said works. The said Joint Venture Company is the applicant herein. The Joint Venture Agreement was approved by the CMRL. The applicant participated in the bids and emerged successfully. Ultimately, the parties namely, CMRL and JV entered into a contract dated 18.03.2011. The said Contract is hereinafter called as 'Contract Agreement'. Pursuant to the Contract Agreement, the applicant furnished Bank Guarantees that are alive as on today, as follows:
3(iii). The schedule duration for completion of the project was originally fixed as 1521 days from the date of commencement, which is on 02.04.2011. The applicant had mobilised all the required resources and were progressing with the work. However, during the execution of the said works, there were several delays and hindrance that the applicant Company had to face which are as follows:
a. Delay in handing over of work site
b. Delay in approval of traffic management plan
c. Delay in utility diversion works
d. Delay in getting permission for barricading from traffic department.
e. Delays due to permission for work in stages by the Traffic Department.
f. Delay in pre-condition survey.
g. Delay in approval of designs.
h. Delay in approval of lead designer.
i. Delays/ additional time needed due to change in geology.
j. Delays on account of re-designing necessitated due to change in alignment.
k. Delays due to withdrawal of consent to M/s. AGCF
l. Delays on account of Extra/ Additional items of work in utility diversions.
Therefore, there was a delay in project execution due to the above major impediments, hindrances. Thus, the applicant has sought for interim extension of time for about 208 days through their letter dated 01.06.2012. The CMRL, by their letter dated 09.06.2012 did not consider the request. However, the work continued. The applicant made a second interim extension request through letter dated 10.04.2013 requesting the CMRL to grant cumulative extension of time for 419 days for completion of the project and extend the project completion upto 23.07.2016. After several meetings and persuasion CMRL agreed to tentatively revise the milestone dates and accordingly, the addendum No. 1 to the Contract Agreement was entered into between the parties wherein the applicant was to substantially complete the works for all the three stations as follo........