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2021 Supreme(Del) 21

VIBHU BAKHRU
Beigh Construction Company Private Limited – Appellant
Versus
Varaha Infra Limited – Respondent


Advocate Appeared:
For the Appellant :Arun Kathpalia, Senior Counsel, Angad Mehta, Kauser Hussain, Advocates.
For the Respondent:Rajeev Sharma, Abhishek Birth, Somya Budholia, Prateek Seth, Adeem Ahmed, Advocates.

JUDGMENT :

[Hearing held through videoconferencing]

1. The petitioner has filed the present petition under Section 9 of the Arbitration and Conciliation Act, 1996 (hereafter the Act), inter alia, praying as under:-

    “(a) Restrain the Respondent from taking any coercive steps against the Petitioner, including terminating the Memorandum of Understanding dated 09.01.2019, till the final adjudication of the disputes by the Arbitral Tribunal.

(b) Restrain the Respondent from appropriating monies from the Project in any manner other than in the manner prescribed in Memorandum of Understanding dated 09.01.2019, till the final adjudication of the disputes by the Arbitral Tribunal.

(c) Restrain the Respondent from taking any coercive steps against the Petitioner which would adversely affect the Petitioner in undertaking its obligations and enjoying its rights under the Memorandum of Understanding dated 09.01.2019, till the final adjudication of the disputes by the Arbitral Tribunal.

(d) grant ad-interim ex-parte reliefs in terms of Prayers (a) to (c) above”

2. The respondent was awarded the contract for executing an Engineering, Procurement and Construction Contract for “Rehabilitation & Up-gradati

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