Pasithea Infrastructure Limited vs Solar Energy Corporation Of India & Anr. on 22 December, 2017
In similar situation, this
Court in SPML Infra Limited v. NTPC Limited, AIR 2017 Delhi 78 held
that in case the bank guarantee is wrongly invoked, the remedy of the
petitioner would lie in raising a claim in that behalf in the Arbitration
Proceedings and not to invite a judgment in advance on the correctness of
the decision of respondent No.1 to invoke the subject bank guarantee.