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2015 Supreme(Del) 4020

BADAR DURREZ AHMED, SANJEEV SACHDEVA
NHPC Limited – Appellant
Versus
Hindustan Construction Company Ltd. – Respondent


For the Appellant :Mr. S. B. Upadhyay, SrAdvocate with Ms. Ranjana Roy Gawai and Mr. Shailesh Suman, Advocates.
For the Respondent:Mr. Dayan Krishnan, Sr. Advocate with Mr. Rishi Agrawala and Ms. Malavika Lai, Advocates.

JUDGMENT :

Badar Durrez Ahmed, J.

1. This appeal is directed against the order dated 12.02.2015 passed by a learned single judge of this court in OMP No. 536/2014 which was a petition filed by the respondent (‘HCCL’) under section 9 of the Arbitration and Conciliation Act, 1996 (said Act). The learned single judge disposed the said OMP by making the ex parte order dated 09.05.2014 absolute during the pendency of OMP No. 369/2014 which is a petition filed by HCCL under section 34 of the said Act challenging the award dated 17.01.2014. The effect of this was that in case the appellant (‘NHPCL’) desired to invoke the bank guarantees mentioned in Schedule I of the petition during the pendency of OMP No. 369/2014, NHPCL would give one week’s advance clear written notice to HCCL of its intention to do so.

2. Before the learned single judge an objection had been raised by NHPCL in respect of the jurisdiction of this court to entertain OMP No. 536/2014. Two contentions were advanced on behalf NHPCL. The first contention was that NHPCL had filed an application under section 14(2) of the said Act in the Court of the Civil Judge, Faridabad. Though that application was dismissed, since the court













































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