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2021 Supreme(Del) 2410

SANJEEV NARULA
TRF Ltd. – Appellant
Versus
Indure Private Limited – Respondent


Advocates appeared:
Rajiv Nayar, Senior Advocate with Sumeet Gadodia, Kaushik Poddar, Rajiv Dalal and Ms. Lavanya Gadodia, Advocates, for the Petitioner in O.M.P.(I) (COMM.) 371/2021, I.A. 14946/2021.
Akhil Sibal, Senior Advocate with Prashant Mehta, Ms. Divita Vyas, Varu

JUDGMENT

[VIA HYBRID MODE]

Sanjeev Narula, J. (Oral)--By way of present petitions under Section 9 of the Arbitration and Conciliation Act, 1996, the Petitioner - TRF Ltd. [hereinafter, `TRF'] seeks a stay order against invocation and encashment of bank guarantees furnished in favour of Respondent No. 1 - The Indure Private Limited [hereinafter, `Indure']. The background facts and the relief sought being nearly identical, it is considered apposite to decide and dispose of all the petitions by way of a common order.

BRIEF FACTS

2. TRF is a company engaged in the business of manufacturing, erection and commissioning of bulk material handling equipment. Indure is engaged in the business of procuring such equipment for installation in thermal power plants for its clients/Principle Employers, which, in the instant cases, are Rajasthan Rajya Vidyut Utpadan Nigam Limited [hereinafter, `RRVUNL'] [In O.M.P.(I) (COMM.) 371/2021] and National Thermal Power Corporation [hereinafter, `NTPC'] [In O.M.P.(I) (COMM.) 372/2021, O.M.P.(I) (COMM.) 373/2021 and O.M.P.(I) (COMM.) 374/2021]. The Banks that have issued the bank guarantees are arrayed as Co-Respondents. [Bank of Baroda in O.M.P.(I) (COMM.) 37

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