Delhi High Court - Orders
Jmc Projects India Limited vs South Delhi Municipal Corporation on 20 July, 2021
Author: Vibhu Bakhru
Bench: Vibhu Bakhru
$~11
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ O.M.P.(I) (COMM.) 234/2021
JMC PROJECTS INDIA LIMITED ..... Petitioner
Through : Mr. Sachin Datta, Senior Advocate
with Mr. Ayush Aggarwal, Advocate.
versus
SOUTH DELHI MUNICIPAL
CORPORATION ..... Respondent
Through : None.
CORAM:
HON'BLE MR. JUSTICE VIBHU BAKHRU
ORDER
% 20.07.2021 [Hearing held through videoconferencing] I.A. Nos. 8652-53/2021
1. Allowed, subject to all just exceptions. O.M.P.(I) (COMM.) 234/2021
2. The petitioner has filed the present petition under Section 9 of the Arbitration and Conciliation Act, 1996, inter alia, praying that the respondent be restrained from invoking the Performance Bank Guarantee No. 50/2012 (as extended from time to time). The Bank Guarantee is currently valid till 31st July, 2021.
3. It is not disputed that the petitioner has prevailed before the Arbitral Tribunal and in terms of the Arbitral Award dated 30th June, 2021, the said Bank Guarantee is liable to be discharged.
Signature Not Verified Digitally Signed O.M.P.(I) (COMM.) 234/2021 Page 1 of 2 By:DUSHYANT RAWAL4. The respondent has not challenged the Arbitral Award and has not secured any order staying the same.
5. In view of the above, there is no question of the respondent seeking to invoke the Bank Guarantee by completely disregarding the Arbitral Award.
6. Accordingly, the respondent is restrained for invoking the Bank Guarantee No. 50/2012 (as extended from time to time) till the next date of hearing.
7. List on 26.07.2021.
VIBHU BAKHRU, J JULY 20, 2021 j Signature Not Verified Digitally Signed O.M.P.(I) (COMM.) 234/2021 Page 2 of 2 By:DUSHYANT RAWAL