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2023 Supreme(Raj) 709

ASHOK KUMAR GAUR
Continental Engineering Corporation, through its Authorised Signatory Mr. Rajiv Kumar – Appellant
Versus
Jaipur Metro Rail Corporation Limited – Respondent


Advocates Appeared:
For the Appellant : Mr. Samudra Sarangi, assisted by Ms. Shruti Raina, Ms. Abhilasha Khanna, Ms. Nitya Jain, Ms. Priya Sarawangi, Ms. Trisha Nag, Mr. Anoop Pareek, Mr. Pranav Pareek.
For the Respondent: Mr. Sandeep Pathak with Ms. Vartika Mehra.

ORDER :

1. The instant appeal has been filed by the appellant-claimant by making the following prayers:-

    “1. Allow the present appeal challenging the impugned order dated 19th May, 2023, being Procedural Order No.12 dated 19th May, 2023 insofar as it dismisses the Section 17 Application filed on behalf of CEC before the Arbitral Tribunal in the ongoing arbitration proceedings and set aside the same;

2. Direct the release and return of the Bank Guarantees to the Appellant herein expiring now on 15th September, 2023;

3. Pass any other orders in the interest of justice as the nature and circumstances of the case may require.”

2. The appellant-Company has pleaded that it had entered into a contract agreement dated 05.10.2013 for a design and build construction contract.

3. The appellant is a company incorporated in Taiwan having its Corporate Office at Gurgaon, India and it is a leading company in civil engineering and infrastructure industry, globally.

4. The respondent-M/s.Jaipur Metro Rail Corporation Limited (hereinafter ‘JMRC’) is a State-owned company and entrusted with the construction, maintenance and operation of the Jaipur Metro.

5. The appellant has preferred the instant appeal unde

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