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DELHI HIGH COURT
VIBHU BAKHRU
SPML Infra Limited – Appellant
Versus
Hitachi India (P.) Ltd. – Respondent


JUDGMENT

Vibhu Bakhru, J. (Oral)--The appellant has filed the present appeal under Section 37 (2)(b) of the Arbitration and Conciliation Act, 1996 (hereafter `the A&C Act') impugning the order dated 16.11.2021 passed by the Arbitral Tribunal under Section 17 of the A&C Act. The respondent had filed an application, inter alia, praying that directions be issued to the respondent to secure the appellant to the extent of Rs.3,40,66,948/-. The Arbitral Tribunal has allowed the same in terms of the impugned order and had directed the appellant to furnish a Bank Guarantee in the sum of Rs.1,51,40,981/- for securing the respondent.

Factual Context

2. The appellant was awarded a contract by the Bhavnagar Irrigation Project Division, Government of Gujarat (BIPD). The said contract was referred to as "Sauni Yojna, Link 2, Package 3". The appellant, in turn, engaged the respondent as a sub-contractor to perform the following works under the EPC contract:

    "(i) design, engineering, supply, shifting, transportation, erection, commissioning and testing storage, loading and unloading of turnkey package with 30 days of trial run of electrical equipment pertaining to switchyard and substation in

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