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2016 Supreme(Del) 3293

VIBHU BAKHRU
JYOTI STRUCTURE LTD. – Appellant
Versus
DAKSHINANCHAL VIDYUT VITRAN NIGAM LTD. – Respondent


Advocates Appeared:
For the Petitioners:Mr. P.V. Kapur, Senior Advocate with Mr. V.K. Nagrath, Mr. Rajiv K. Garg, Mr. Ashish Garg and Mr. Sanjay Gupta
For the Respondents: Mr. Pradeep Misra, Mr. Daleep Kumar Dhayani

JUDGMENT :

VIBHU BAKHRU, J.

1. M/s Jyoti Structures Limited (hereafter 'JSL') a public company incorporated under the Companies Act, 1956 has filed these petitions under Section 9 of the Arbitration and Conciliation Act, 1996 (hereafter 'the Act'), inter alia, praying that Dakshinanchal Vidyut Vitran Nigam Ltd. (hereafter 'DVVNL') be restrained from invoking and the issuing banks be restrained from encashing the subject bank guarantees.

2. JSL is, inter alia, engaged in the business of Engineering, Procurement and Construction in the power transmission and distribution sector in India and abroad.

3. The Ministry of Power, Government of India has issued a scheme known as Rajiv Gandhi Grameen Vidyutikaran Yojna (RGGVY-12th Plan) for electrifying villages and habitations in the country. In 2015, DVVNL invited applications for rural electrification work, inter alia, in various districts of Uttar Pradesh (UP).

4. JSL participated in the aforesaid bidding process and was awarded the aforesaid contracts for electrification of villages and inhabitants in the Districts of Auraiya, Etawah,




































































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