1. These are five petitions under Section 9 of the Arbitration and Conciliation Act, 1996 (‘Act’) filed by TRF Limited (‘TRF’) seeking interim reliefs against Energo Engineering Projects Limited (‘Energo’) (Respondent No. 1) in the circumstances outlined hereunder.

Background facts

2. TRF is stated to be primarily engaged in the business of manufacturing of Bulk Material Handling Equipments having its unit at Jamshedpur in the State of Jharkhand. TRF states that is also in the business of installing the said equipments for its various customers and companies.

3. The facts relevant for OMP (I) (Comm.) No. 66/2017 are that TRF was awarded two separate contracts by Energo – the first was in relation to the supply of Wagon Tippler (‘WT’) and Side Arm Charger (‘SAC’) by Purchase Order (‘PO’) dated 10th May, 2014; the other Work Order (‘WO’) was issued by Energo on the same date for erection and commissioning of WT and SAC. The value of both contracts was Rs. 12,17,67,000.

4. It is stated that in terms of the said contracts, TRF was required to furnish an Advance Bank Guarantee (‘ABG’) in the sum equal to 10% of the total value of the supply contract and a separate Performance Bank