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DELHI HIGH COURT
V.KAMESWAR RAO
Union of India – Appellant
Versus
RCCIVL -LITL (JV) – Respondent
| Table of Content |
|---|
| 1. background of the arbitration case and bank guarantees. (Para 1 , 2 , 3 , 4 , 5 , 6 , 7) |
| 2. arguments about misconceptions and interim relief. (Para 8 , 9 , 10 , 11 , 12) |
| 3. contractual provisions related to bank guarantees. (Para 13 , 14 , 15) |
| 4. defendant's position and claim against the appellant. (Para 16 , 17 , 18 , 19) |
| 5. court findings regarding the rights over performance guarantees. (Para 20 , 21 , 22 , 23 , 24) |
| 6. concluding remarks on claims and defenses. (Para 25 , 26 , 27 , 28 , 29) |
| 7. judgment on the merits of the appeal. (Para 30 , 31 , 32) |
| 8. final order and disposal of the application. (Para 33 , 34) |
JUDGMENT
V. Kameswar Rao, J. (Oral)--This appeal has been filed by the appellant Union of India through Director General, Married Accommodation Project, Integrated HQ of Ministry of Defence (Army) under Section 37(2)(b) of the Arbitration and Conciliation Act, 1996 (`Act of 1996', for short) to set aside the order dated January 12, 2022, as modified by order dated February 19, 2022 passed by the learned Arbitrator allowing the application under Section 17 of the Act of 1996 filed by the respondent RCCIVL-LITL (JV), wherein, inter alia, a direction has been g
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