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JYOTI SINGH
Sterling And Wilson International Fze – Appellant
Versus
Sunshakti Solar Power Projects Private Limited – Respondent
| Table of Content |
|---|
| 1. petitioner seeks interim relief under arbitration act. (Para 1 , 2 , 3) |
| 2. overview of respondents involved in the solar project. (Para 4 , 5 , 7) |
| 3. details of offshore supply agreement and payment terms. (Para 10 , 11 , 12 , 13 , 14) |
| 4. assertion of petitioner’s rights based on osa. (Para 20 , 21 , 22 , 23 , 24) |
| 5. respondents’ arguments against petitioner’s claims. (Para 25 , 26) |
| 6. restructuring of contractual responsibilities among parties. (Para 30 , 31) |
| 7. court's jurisdiction under section 9 of arbitration act explained. (Para 62 , 70 , 72) |
| 8. court's final order securing petitioner’s claims. (Para 88 , 89) |
JUDGMENT
Jyoti Singh, J. - Both these petitions have been filed under Section 9 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as "Act") seeking interim reliefs. Prayers sought in OMP (I) (COMM) 460/2018 are as under:-
"(a) Direct the Respondents to furnish security to a tune of USD 34,723,013 being the Offshore Supply Price, by way of an unconditional and irrevocable bank guarantee in favour of the Petitioner pending the completion of arbitration proceedings and making of the Award; or
(b) In the alternative, direct the Respondents to
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