SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

2016 Supreme(Del) 693

MANMOHAN SINGH
FUTECHT PROJECT (INDIA) PVT. LTD. – Appellant
Versus
ABOTT HEALTHCARE PVT. LTD. – Respondent


Advocates Appeared:
For the Appellant : Mr.Manu Seshadri, Adv.
For the Respondent: Mr.Pranaya Goyal, Adv. with Mr.Shubham Kulshreshtha, Adv. for R-1.

JUDGMENT :

MANMOHAN SINGH, J.


1. The petitioner has filed the present petition under Section 9 of the Arbitration and Conciliation Act, 1996, seeking an interim order restraining the respondents from invoking the Bank Guarantees in question.

2. On 11th September, 2015, the following order was passed:-

“I.A. No.19186/2015

Allowed subject to just exceptions.

O.M.P.(I) 515/2015

Issue notice to the respondents by all modes, returnable on 01st October, 2015.


Learned counsel for the petitioner submits that the petitioner installed the fire fighting system in the respondent’s factory as back as in December, 2013 and the respondents released all the payments under the two contracts to the petitioner. It is further submitted that the petitioner issued two bank guarantees to the respondent on 15th October, 2013 with respect to the defect liability period. The bank guarantees are valid up to 13th September, 2015. It is further submitted that there is a dispute with respect to the leakage in the fire fighting pipe lines. According to the petitioner there no defect in the system. It is further submitted that vide letter dated 08th September, 2015, the respondent has invoked both the bank guaran


























































































Click Here to Read the rest of this document

1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top