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2020 Supreme(Del) 649

SIDDHARTH MRIDUL, TALWANT SINGH
Jindal Steel & Power Ltd – Appellant
Versus
State Trading Corporation of India – Respondent


Advocates Appeared:
Gopal Jain, Advocate, Rajiv Nayar, Advocate, Saket Sikri, Advocate, Sumit Attri, Advocate, George Varghese, Advocate, Nikitha Shenoy, Advocate, Siddhant Sharma, Advocate, Kartik Nayyar, Advocate, Tarkeshwar Nath, Advocate

JUDGMENT

Talwant Singh, J. - The present appeal has been filed by M/s. Jindal Steel & Power Limited (hereinafter called Appellant) praying for setting aside the impugned order dated 29 of April 2020 passed by the Ld. Single Judge in OMP (I) COMM 89 / 2020 titled "Jindal Steel & Power Limited vs. STC & Others" by which the interim application under Section 9 of the Arbitration and Conciliation Act, 1996 was taken up for hearing and the prayer for ad-interim relief was declined in the following words:

    "26. In view of the above submissions, I may say that a) the respondent No.1 had not exhibited any intention to invoke the PBGs; b) the parties were ad-idem on continuation of the PBGs till the contract was over i.e. till on expiry of the guarantee period; c) even the conduct of the petitioner in extending the PBGs at least seven times prior, would indicate such intention; and d) the CG or the PDCs as offered cannot be considered to be an alternative for the PBGs; and e) a bare perusal of the terms and conditions of the agreement dated 24.09.2014 as also of the PBGs would only show these PBGs need to be continued till the term of the agreement is over. Accordingly, no relief as sought fo

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