DELHI HIGH COURT
SANJEEV NARULA
Marshal Infradevelopers India Private Limited – Appellant
Versus
Union of India – Respondent
| Table of Content |
|---|
| 1. award and performance guarantee involvement (Para 4 , 5 , 6 , 7 , 8 , 9) |
| 2. arguments on bank guarantee invocation (Para 10 , 11) |
| 3. analysis of bank guarantee terms (Para 12 , 13 , 14 , 15 , 16) |
| 4. reference to rti response and implications (Para 17 , 18) |
| 5. conclusion and order relief (Para 19 , 20) |
JUDGMENT
Sanjeev Narula, J. (Oral)--By way of a separate order passed today in ARB.P. 12/2020, an Arbitral Tribunal for adjudication of disputes between the parties stands appointed.
2. In view of the above, before commencing hearing in the matter, Mr. Ashok Singh, counsel for the Respondent, has been queried as to whether he is agreeable for continuation of the interim order granting protection to the Petitioner, till such time that the Arbitral Tribunal decides the instant petition by treating it as one under Section 17 of the Act. Mr. Singh contests and argues that such course would amount to confirmation of the order of injunction of the Bank Guarantee.
3. Although Mr. Singh's contention is incorrect as the Court has only expressed tentative views in the interim order, nevertheless, since the matter pertains to stay on invocation of bank guarantee, counsel for th
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