The scope of interim relief under Section 17 of the Arbitration and Conciliation Act is strictly limited to matters directly aiding the final relief sought in arbitration.

JUDGMENT

[Hearing held through video conferencing]

Vibhu Bakhru, J. (Oral)--The appellant (hereafter `NTPC') has filed the present appeal under Section 37 (2)(b) of the Arbitration and Conciliation Act, 1996 (hereafter `the A&C Act'), inter alia, impugning the orders dated 14.09.2021 and 29.09.2021 passed by the learned Arbitral Tribunal. Insofar as the order dated 14.09.2021 is concerned, NTPC assails the same to the limited extent that it directs maintenance of status quo with respect to the subject Projects.

2. The Arbitral Tribunal is in seisin of the dispute between the parties relating to Supply and Services Contracts dated 17.05.2011 for Coal Handling Plant Package for Pakri Barwadih Coal Mining Project (main CHP Contracts); and the Supply and Services Contracts dated 20.10.2011 for the Extended Coal Handling Plant Package for Pakri Barwadih Coal Mining Project Block (extended CHP Contracts).

3. The respondent (hereafter `TSL') claims that it is an established Engineering Procurement and Construction (EPC) Contractor and is engaged in providing turnkey solutions, inter alia, in respect of bulk material handling systems for cement, power and steels sectors.

4. NTPC is a public sector undertaking and was allocated the Pakri Barwadih Coal Block in Hazaribagh District of Jharkhand.

5. On 01.02.2010, NTPC issued invitation for bids for supply of installation of Coal Handling Plants Package Pakri Barwadih Coal Mining Block. The petitioner applied for the tender documents and on 20.02.2010 submitted its proposal for executing the works relating to the said Project. Thereafter, on 31.03.2011, NTPC issued the Notification of Award awarding the said contracts to TSL. Thereafter, NTPC issued another invitation for the extended supply and installation of the Coal Handling Plants package for Pakri Barwadih Coal Mining Block. TSL submitted its proposal pursuant to the said invitation. NTPC accepted the same and issued a Notification of Award dated 05.10.2011 for the extended supply and installation of CHP Package for Pakri Barwadih Coal Mining Block.

6. In the meantime, on 17.05.2011, NTPC and TSL entered into two separate Contracts for the Supply and Services respectively for setting up the facilities. Thereafter, on 20.10.2011, the parties entered into two further Contracts referred to as `extended First Contract' and `extended Second Contract'.

7. TSL claims that NTPC has failed and neglected to perform its obligations for due performance of the contracts in question including failure to timely hand over of encumbrance free work front; interfering extensively in execution of the project, which disrupted the works and inordinately delayed their completion; and, failure to make timely payments, amongst other breaches.

8. TSL claims that in view of the above, the execution of the contracts in question were delayed entirely for the reasons attributable to NTPC. TSL claims that since it was understood that NTPC was responsible for the delays, it also granted repeated extensions for completion of the contracts in question.

9. TSL claims that it is entitled to recover all costs incurred by it in carrying out the works for setting up the facilities and in addition, is entitled to be compensated for all loss and damages suffered as a consequence of breach on the part of NTPC in performing its obligations in a timely manner. TSL has also made a claim in respect of wrongful inv