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2014 Supreme(Online)(DEL) 4781

HIGH COURT OF DELHI
ARAVALI POWER COMPANY PVT. LTD. – Appellant
Versus
M/S. SUBHASH INFRA ENGINEERS LTD. – Respondent


JUDGMENT

1. The present petition has been filed against the orders dated 10.07.2014 and 08.08.2014 of learned arbitrator. It is submitted that these orders are the interim order relating to the interim measures and therefore, appeal is maintainable. It is further submitted that the order of release of bank guarantee has been passed on the application of the respondent dated 21.04.2014. It is further submitted that order dated 10.07.2014 regarding release of final bill payment, is bad in law as there was no such request before the learned arbitrator in the application dated 21.04.2014 filed by the respondent and therefore, the said order is bad in law. It is further submitted that the order of release of bank guarantee could not have been passed in violation of Clause 9.7 of General Conditions of Contract (in short ‘GCC’) as it was refundable on the expiry of defect liability period or on payment of the amount of final bill in accordance with Clause 52, whichever is later. Clause 52 of GCC clearly contemplates that the final bill cannot be paid until the respondent records his unconditional acceptance of the measurements and submits the final bill. It is further submitted that altho

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