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IN THE HIGH COURT OF DELHI AT NEW DELHI
C. HARI SHANKAR, J
Director General Project Varsha – Appellant
Versus
Navayuga Van Oord JV – Respondent
JUDGMENT :
C. HARI SHANKAR, J.
1. Consequent on completion of hearing, this Court, on 12 September 2024, allowed the present appeal and set aside the impugned Order dated 10 January 2024 passed by the learned Arbitral Tribunal, presently in seisin of the disputes between the parties, for reasons to follow.
2. This judgment sets out the reasons for the decision.
3. In order to avoid prejudice to the parties, the order dated 12 September 2024 and the present judgment are being released together, on 17 September 2024.
The Dispute
4. Arbitral proceedings are presently ongoing between the respondent Navayuga-Van OORD JV as the claimant and the appellant Director General Project Varsha, of the Indian Navy, as the respondent. An application under Section 17 [Interim measures ordered by arbitral tribunal: (1) A party may, during the arbitral proceedings, apply to the arbitral tribunal: (i) for the appointment of a guardian for a minor or person of unsound mind for the purposes of arbitral proceedings; or (ii) for an interim measure of protection in respect of any of the following matters, namely: (a) the preservation, interim custody or sale of any goods which are the subject-matter of the ar
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