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2021 Supreme(Del) 22

VIBHU BAKHRU
Dadheech Infrastructures Private Limited – Appellant
Versus
DTE GEN MD ACCN Project – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Sehagiri Vadhamani, Advocate.
For the Respondents:Chetan Sharma, ASG, Monika Arora, Advocate.

JUDGMENT :

[Hearing Held Through Video Conferencing]

1. The petitioner has filed the present petition under Section 9 of the Arbitration and Conciliation Act, 1996 (hereafter ‘the Act’), inter alia, praying that the respondent may be restrained from invoking and encashing the Performance Bank Guarantees – Bank Guarantee No.0770171GPER0040 for an amount of Rs.11,00,00,000/- and Bank Guarantee No. 0770171GPER0042 for an amount of Rs.2,91,00,000/- (hereafter referred to as the ‘Performance Bank Guarantees’) . The petitioner further prays that the respondent may be injuncted from encashing the Retention Guarantees being the Bank Guarantees furnished by the petitioner against disbursal of Retention Money, being Bank Guarantee No. 0770171GPER0037 for a sum of Rs.20,76,000/-; Bank Guarantee No. 0770171GPER0039 for a sum of Rs.2,07,50,000/-; and Bank Guarantee No. 0770171GPER0041 for a sum of Rs.1,80,00,000/- (hereafter referred to as ‘Retention Bank Guarantees’). In addition, the petitioner also prays that respondent no.1 be restrained from giving effect to letter bearing no. 84828/MAP/PHASE-II/PKG- 25/R&C/1656/E8 dated 04.01.2021 unlawfully cancelling the Contract Agreement No.DG MAP/PHASE

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