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2012 Supreme(Del) 2081

S.RAVINDRA BHAT, R.V.EASWAR
RATNAGIRI GAS AND POWER – Appellant
Versus
JOINT VENTURRE OF WHESSOE OIL AND GAS LTD. (WOGL) – Respondent


Advocate Appeared:
Mr. A. S. Chandiok, ASG with Ms. Bindu Saxena, Mr. Shailendra Swarup, Ms. Aparajita Swarup, Ms. Neha Khattar and Mr. K. K. Patra, Advocates.
Mr. Sandeep Sethi, Sr. Advocate with Mr. Dheeraj Nair, Mr. Divyam Agarwal and Ms. Smita Bhargava, Advocates for respondents. Mr. Sanjiv Kakra and Mr. Bharat Arora, Advocates for State Bank of India.

JUDGMENT

R.V. EASWAR, J.:

This is an appeal filed by Ratnagiri Gas and Power Pvt. Ltd., hereinafter referred to as “the appellant” against the judgment and order dated 10-9-2012 passed by the learned single judge in OMP No. 482/2011 in proceedings initiated under section 9 of the Arbitration and Conciliation Act, 1996 (“Act”, for short) by the respondents, viz., the Joint Venture of M/s. Whessoe Oil & Gas Ltd. UK and M/s Punj Lloyd Ltd(R-1) and the joint venture-companies individually. The appeal has been filed under section 37 of the Act.

2. The brief facts giving rise to the appeal may now be noticed. A contract was entered into between the appellant and the respondents for carrying out the work of Phase-H of EPC-I6 package, for completion of the balance work of the top of the jetty facilities for the Ratnagiri LNG Terminal project (“project”, for short). This was on 8-9-2006. The work was to be executed by the joint venture (“JV”). It was divided into three phases: Phase A, Phase B and Phase C. Phase A comprises approximately 80% of the entire work. As required by the contract, the JV furnished two performance bank guarantees (PBGs) to the appellant on 21-9-2006; they were exten
































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