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2021 Supreme(Del) 189

VIBHU BAKHRU
Janta Associates – Appellant
Versus
Indian Oil Foundation – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: Mr. Vineet Bhagat, Mr. Mohit Gulati.
For the Respondents: Mr. Yati Sharma, Mr. Navin Kumar, Ms. Priya Puri, Ms. Rashmeet Kaur.

JUDGMENT :

VIBHU BAKHRU, J.

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

    “(a) Ex-parte stay and set aside the Show Cause Notice dated 24.02.2020 issued by the Respondents.

(b) Direct the Respondents to pay the due amount of Rs. 1,89,91,737/- (Rupees One Crore Eighty Nine Lakh Ninety One Thousand Seven Hundred and Thirty Seven Only) to the Petitioner and allow the Petitioner to continue to complete the work by providing modified dam drawings.

OR, in the alternative

Direct the Respondents to secure the due amount of Rs. 1,89,91,737/- (Rupees One Crore Eighty Nine Lakh Ninety One Thousand Seven Hundred and Thirty Seven Only) by way of a bank guarantee or by deposit with the Court during the pendency of the present petition and the arbitration proceedings.

(c) Direct the Respondents to withdraw the Termination Notices dated 06.01.2020, 13.01.2020 and 28.01.2020, and restrain the Respondents from taking any such adverse/ coercive actions against the Petitioner during the pendency of the present petition.”

2. The respondent no. 2 (hereafter ‘EIL’) had invited e-bids for “Composite

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