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DELHI HIGH COURT
VIBHU BAKHRU
SPML Infra Limited – Appellant
Versus
Hitachi India (P.) Ltd. – Respondent
| Table of Content |
|---|
| 1. background of arbitration and claims (Para 1 , 2 , 3 , 4 , 5 , 6) |
| 2. challenges to securing claims and financial obligations (Para 7 , 9 , 10 , 11 , 26) |
| 3. court's analysis of arbitral tribunal discretion (Para 8 , 12 , 15 , 17 , 19 , 22 , 23) |
| 4. interpretation of interim measures and arbitral powers (Para 14 , 20 , 24) |
| 5. dismissal of appeal with observations (Para 27) |
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 Yo
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