1. The above Arbitration Petitions are filed by the Petitioner Felguera Gruas India Pvt. Ltd. ("FGIPL") under Section 9 of the Arbitration and Conciliation Act, 1996 (The Act”), seeking interim injunction against the encashment of the Advance/Down Payment Bank Guarantees and Performance Bank Guarantees which are furnished by the FGIPL to the Respondent No.1 - Tuticorin Coal Terminal Pvt. Ltd. ("TCTPL") as agreed under the six purchase orders being No. 02 dated 23rd August 2012; No.03 dated 23rd August 2012; No.1-B dated 28th November 2012; No.1-C dated 28th November 2012; No.01, dated 23rd August 2012; and No.1-A dated 28th November 2012, placed on FGIPL by TCTPL, pursuant to the Letters of Intent dated 10th July, 2012 and 1st November, 2012, entered into by FGIPL and TCTPL. The particulars of the subject Bank Guarantees are set out in the prayer clauses of the above Arbitration Petitions. Admittedly, the issues involved in all the above six Arbitration Petitions are similar.

2. FGIPL is a Company incorporated under the provisions of the Companies Act, 1956. According to the FGIPL, it is in the business of undertaking turn key projects across India. It offers end to end services in design, testing, commissioning, manufacturing, sourcing, supply and construction and has executed several major projects in Ports.

3. TCTPL is a Private Company incorporated under the provisions of the Companies Act, 1956. TCTPL ("Concessionaire") entered into a Concession Agreement dated 11th September, 2010 with the Board of Trustees for Tuticorin Port (V.O. Chidambaranar Port Trust) ("Concessioning Authority") for Development of North Cargo Berth-II (NCB-II) for handling bulk cargoes at Tuticorin Port on Design, Build, Finance, Operate and Transfer basis. The Concession Agreement has been entered for a period of 30 years. Upon completion of the project, ships shall come alongside the berth for discharging the cargo. The berth is equipped with ship unloaders (already commissioned) for discharging the cargo from the ship. The TCTPL/Concessionaire, shall for a period of 30 years undertake the activity of discharging the cargo from the ship with the use of cranes, for which TCTPL shall be entitled to the cargo handling charges levied per metric ton from the users of the project facilities and services as per the tariff which shall be notified by TAMP from time to time.

4. In the year 2012, FGIPL offered its services to TCTPL for supplying as well as designing, erecting and commissioning of stacker-cum-reclaimers, stacker and conveyor system. Accordingly, FGIPL and TCTPL entered into a Letter of Intent dated 10th July, 2012, for supply, design, erection and commissioning of stacker-cum-reclaimers, pursuant to which TCTPL placed three Purchase Orders (‘POs’) all dated 23rd August, 2012, in respect of supply, design, erection and commissioning of stacker-cum-reclaimers and stacker for the NCB-II project at VOCPT, Tuticorin. Additionally, TCTPL entered into another Letter of Intent dated 1st November, 2012, with FGIPL, pursuant to which TCTPL placed three POs all dated 28th November, 2012, in respect of supply, design, erection, commissioning and handing over of conveyor system for the VOCPT Project at Tuticorin.

5. Therefore the entire contract between FGIPL and TCTPL comprised of the six POs mentioned hereinabove. Each PO had a clause for advance payment against the submission of the original commercial invoice, advance/down payment, bank guarantee and performance bank guarantee. As stipulated, FGIPL issued the Down Payment Bank Guarantee and Performance Bank Guarantee in favour of TCTPL in respect of each PO. The Arbitration Agreement between the parties is contained in Article 41 of the General Terms and Conditions for procurement of goods in respect of stacker and stacker-cum-reclaimers.

6. As set out hereinabove, FGIPL has filed the above Arbitration Petitions under Section 9 of the Act seeking injunction against TCTPL from invoking any of the