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2010 Supreme(Del) 899

VALMIKI J.MEHTA
Denel (Proprietary) Ltd. – Appellant
Versus
Union of India & Anr. – Respondent


Advocates Appeared:
Ravinder Singhania, V.P.Singh, Alok Prasanna Kumar, Arti , B.V.Niren, Rajeev Mehra, Mohan Parasaran, Abhishek Kumar, Tarun Dua , N.K.Kaul

Valmiki J. Mehta, J:-

1 The aforesaid three petitions are being disposed of by this common order inasmuch as the facts of the three cases are more or less similar. Wherever the need arises to refer to a difference in an issue or fact for any individual case, then, the same would be adverted to. These petitions have been filed by the petitioner under Section 9 of the Arbitration and Conciliation Act, 1996 seeking restraint against the invocation of the Bank Guarantees totalling to an amount of approx. USD 6,110,038 by the respondent no.1. The Bank Guarantees are given by the banks which have been arrayed as other respondents.

2 The facts of the case are that the petitioner was awarded various contracts by the respondent no.1/Union of India for supply of certain defence equipments such as AMR Rifles and ammunition. In pursuance of the requirements of these contracts, the petitioner gave two types of Bank Guarantees. The Bank Guarantees are Warranty Bank Guarantees and Performance Bank Guarantees. On the ground that the petitioner employed agents and gave commission for securing the contracts in question, disputes arose between the parties, and the respondents have sought to inter alia




















































































































































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