Savan Godiawala, In His Capacity of Liquidator and on Behalf of Lanco Infratech Limited vs Steel Authority of India Limited

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2018 Supreme(Del) 3160

VALMIKI J.MEHTA
Savan Godiawala, In His Capacity of Liquidator and on Behalf of Lanco Infratech Limited – Appellant
Versus
Steel Authority of India Limited – Respondent

Advocates Appeared:
For the Petitioners:Mr. Sandeep Sethi, Senior Advocate with Mr. Vaijayant Paliwal, Advocate with Mr. Jasveen Kaur, Advocate and Ms. Srishti Khare, Advocate.
For the Respondents:Mr. Parag P. Tripathi, Senior Advocate with Mr. Arun Kathpalia, Senior Advocate, Mr. Mandeep Singh Vinaik, Advocate, Ms. Anjali Sharma, Advocate, Mr. Deepak Bashta, Advocate and Mr. Lalltaksh Joshi, Advocate, Mr. Karan Khanna, Advocate with Mr. Mohit Taneja, Advocate.

JUDGMENT :

VALMIKI J. MEHTA, J.

I.A. No.14596/2018 (exemption)

1. Exemption allowed subject to just exceptions.

I.A. stands disposed of.

O.M.P.(I)(COMM) No. 407/2018 and I.A. Nos. 15751/2018 (under Section 151 CPC) & 17753/2018 (for condonation of delay)

2. This is a petition filed under Section 9 of the Arbitration and Conciliation Act, 1996 whereby the petitioner seeks an injunction order against the respondent no. 1 from in any manner acting upon the impugned Termination Notice dated 24.09.2018. An injunction order is also prayed by the petitioner to restrain the respondent no. 1 from invoking the Performance Bank Guarantee dated 20.01.2014 (valid for 5 years) for a sum of Rs. 50 crores. Ad-interim ex parte orders are also prayed qua the aforesaid two prayers.

3. On 26.10.2018, this Court passed the following order :

1. Counsel for the petitioner says that petitioner will file a detailed affidavit setting out exactly and how the proposed assignee of the contract to whom the contract is sought to be assigned fulfils all the necessary technical bid requirements of the contract which was originally awarded to Lanco Infratech Limited.

2. The affidavit will be supported by the relevant docume

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2018 Supreme(Del) 3160

VALMIKI J.MEHTASavan Godiawala, In His Capacity of Liquidator and on Behalf of Lanco Infratech Limited – AppellantVersusSteel Authority of India Limited – Respondent

VALMIKI J.MEHTA
Savan Godiawala, In His Capacity of Liquidator and on Behalf of Lanco Infratech Limited – Appellant
Versus
Steel Authority of India Limited – Respondent