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DELHI HIGH COURT
RAJIV SHAKDHER, TARA VITASTA GANJU
Helm Dungemittel GMBH – Appellant
Versus
Canara Bank – Respondent
| Table of Content |
|---|
| 1. appellant's grievance against order on bank guarantee. (Para 1 , 2 , 3 , 4 , 5) |
| 2. background on prior proceedings and appeals. (Para 6 , 10 , 12) |
| 3. court's analysis of arbitral award matters. (Para 7 , 8 , 9) |
| 4. discussion on section 11 petition proceedings. (Para 14 , 15) |
| 5. directions regarding bank guarantee and compliance. (Para 16 , 17 , 18 , 19 , 20 , 21 , 22 , 23 , 24 , 25) |
| 6. entitlement to raise counterclaims. (Para 26 , 27) |
| 7. conclusion and order on appeal. (Para 28 , 29) |
JUDGMENT
[Physical Hearing/Hybrid Hearing (as per request)]
Rajiv Shakdher, J.: (ORAL)
1. This appeal is directed against the order dated 06/18.04.2022.
2. The appellant is essentially aggrieved by the direction contained in paragraph 11 of the impugned order. The said paragraph reads as follows:
"11. Accordingly, the present petition is allowed with the direction that the bank guarantee for Rs. 15 crores which has been furnished before Court in O.M.P.(I.)(COMM.) 318/2018 shall be kept alive for a period of eight weeks from today."
3. This order was passed, based on a petition filed under Section 9 of the Arbitration and Conciliation Act, 1996 [in short "1996 Act"] by Canara Bank i.e
Court affirmed the importance of maintaining a bank guarantee during pending arbitration proceedings while allowing parties to explore their legal remedies regarding claims.
The court's decision emphasized the principles guiding the grant of interim measures under Section 9 of the arbitration and Conciliation act, 1996, and the importance of establishing a prima facie ca....
Interim measures under Section 9 of the Arbitration and Conciliation Act require establishing a prima facie case, balance of convenience, and irreparable loss; court granted interim protection by ret....
A party must pursue counter-claims and comply with procedural requirements for securing claims; failure to do so can render subsequent appeals infructuous.
Arbitration - Interim measures - Once Arbitral Tribunal directed return of entire Bank Guarantee, and Bank has also written to appellant, intimating that Bank Guarantee stood discharged in full in fa....
The right to approach the Arbitral Tribunal under Section 17 of the Act can be reserved even after withdrawal of an appeal under Section 9 of the Act.
The main legal point established in the judgment is the need for a good prima-facie case, balance of convenience, and irreparable injury for granting interim relief under Section 9 of the Arbitration....
Failure to comply with statutory obligations under the Arbitration and Conciliation Act, 1996 results in the expiration of interim orders, necessitating the appointment of an Arbitrator for dispute r....
The pendency of an application under Section 34 of the A&C Act is no longer a bar for enforcement of an arbitral award. The court must hear the application under Section 34 of the A&C Act on its meri....
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