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2016 Supreme(Del) 2128

MANMOHAN SINGH
ABB INDIA LIMITED – Appellant
Versus
ISOLUX CORSAN INDIA ENGINEERING & CONSTRUCTION – Respondent


Advocates:
Advocate Appeared:
Mr. A.S.Chandhiok, Sr. Adv. with Mr.Ananya Kumar, Mr.Kunal Mimani & Ms.Vandana Anand, Advs.
Mr.Akhil Sibal, Adv. with Mr.Jatin Mongia, Mr.Nikhil Chawla & Mr.Utkarsh, Advs. for R-1.
Mr.Sanjay Jain, ASG with Mr.Deepak, Mr.Shreshth Jain, Ms.Aastha Jain, Mr.Sumit Misra & Ms.Aditi Sharma, Advs. for R-2.

JUDGMENT :

MANMOHAN SINGH, J.


1. M/s. ABB India Limited, the petitioner, having its registered office at Bengaluru has filed the present petition under Section 9 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the ‘Act’) against the three respondents, namely, (i) Isolux Corsan India Engineering & Construction Private Limited, 2nd Floor, Block Two, Vatika Business Park, Sector 49, Sohna Road, Gurgaon-122101; (ii) Power Finance Corporation Limited, Urjanidhi, 1, Barakhamba Lane, Connaught Place, New Delhi 110001; and (iii) Hongkong and Shanghai Banking Corporation Limited, 25, Barakhamba Road, New Delhi 110001.

2. The respondent No.1 is a company incorporated under the provisions of the Companies Act, 1956 having its registered office at 2nd Floor, Block Two, Vatika Business Park, Sector 49, Sohna Road, Gurgaon-122101.

The respondent No.2 is a Government of India undertaking engaged in the business of financing projects. The respondent No.2 is a purported creditor to the respondent No.1 and is re-assignee of a bank guarantee issued by the petitioner to respondent No.1 under the agreements entered into between the petitioner and the respondent No.1.

The respo



































































































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