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2014 Supreme(Del) 3002

VIPIN SANGHI
Gatx India Pvt. Ltd. – Appellant
Versus
Arshiya Rail Infrastructure Limited – Respondent


For the Petitioners:Mr. Neeraj Kishan Kaul, Sr. Advocate with Ms. Meenakshi Arora, Sr. Advocate, Ms. Pragya Ohri, Mr. Samar, Mr. Navin, Mr. Ranjit Prakash & Ms. Shubhi Sharma, Advocates.
For the Respondents:Mr. A.S. Chandhiok, Sr. Advocate with M/s Kirat Nagra, Pranav Vyas, Shankey Agrawal, Ritesh Kumar & Mayank Bamniyal, Advocates.

JUDGMENT :

Vipin Sanghi, J.:--

1. This petition has been preferred under Section 9 of the Arbitration and Conciliation Act, 1996 (for short, ‘the Act’) by the petitioner to seek the following interim reliefs:-

“(a) direct respondent No. 1 to forthwith return the first rake to the petitioner in accordance with the terms of the Master Wagon Lease Agreement;

(b) direct respondent No. 1 and respondent No. 2 to pay the outstanding rents for the first rake being due and payable to the petitioner amounting to Rs. 1,95,79,589/- (Rupees One Crore Ninety Five Lakh Seventy Nine Thousand Five Hundred and Eighty Nine only) along with such amounts of lease rentals that may become due and payable till such time as the first rake is actually returned to the petitioner or direct the respondents to deposit the same with the Registrar of this Court to be maintained in a fixed deposit pending Arbitration and Award;

(c) direct the respondents to provide a Bank Guarantee in favour of the petitioner for an amount of Rs. 14,03,60,453.00/- (Rupees Fourteen Crore, Three Lakh, Sixty Thousand, Four Hundred and

































































































































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