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SANJEEV NARULA
Shanghai Electric Group Co. Ltd. – Appellant
Versus
Reliance Infrastructure Ltd. – Respondent
JUDGMENT
Sanjeev Narula, J. - The present petition under Section 9 of the Arbitration and Conciliation Act, 1996 [hereinafter, 'the Act'] seeks interim measures for securing the amount in dispute in arbitration payable in terms of a Guarantee Letter dated 26th June, 2008 issued by the Respondent as well as injunctive reliefs restraining the Respondent from selling, transferring or otherwise disposing of and/ or creating any encumbrances on its assets during the pendency of the arbitration proceedings.
PARTIES TO THE DISPUTE
2. The Petitioner - SEGCL Electric Group Co. Ltd. [hereinafter, 'SEGCL'] is a company incorporated and having its registered office in the People's Republic of China, and is inter alia, engaged in the business of supplying equipment and services relating to the design, engineering, manufacturing, installation of the main body of turbines and generators and the supervision of erection and commissioning of boilers, turbines and generators, including associated accessories and spare parts.
3. The Respondent - Reliance Infrastructure Limited [hereinafter, 'RELIANCE'] is a company incorporated having its registered office in India, and is inter alia, engaged in the busin
The court clarified that without an explicit agreement to exclude Section 9 of the Arbitration Act, its applicability cannot be assumed, allowing claims under Section 9 for interim relief despite ong....
The main legal point established in the judgment is the requirement for a prima facie case or crystallization of debt due to obtain interim measures under Section 9 of the Arbitration Act, and the co....
The Emergency Arbitrator's decision is binding and enforceable under Section 9 of the Arbitration Act, emphasizing party autonomy and the need for compliance with interim orders.
Section 9 of the Arbitration and Conciliation Act allows for interim measures to prevent dissipation of assets pending enforcement of arbitral awards, even before the actual enforcement process.
The main legal point established in the judgment is that Section 9 of the Arbitration and Conciliation Act applies to international commercial arbitrations, even if seated outside India, unless speci....
The main legal point established in the judgment is that the Court applied the principles of strong prima facie case and weighing the balance of convenience in favor of the respondent company in gran....
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