SPML INFRA LIMITED Vs. HITACHI INDIA (P) LTD

JUDGEMENT

(1.) The appellant has filed the present appeal under Sec. 37(2)(b) of the Arbitration and Conciliation Act, 1996 (hereafter 'the A&C Act') impugning the order dtd. 16/11/2021 passed by the Arbitral Tribunal under Sec. 17 of the A&C Act. The respondent had filed an application, inter alia, praying that directions be issued to the respondent to secure the appellant to the extent of Rs.3,40,66,948.00. The Arbitral Tribunal has allowed the same in terms of the impugned order and had directed the appellant to furnish a Bank Guarantee in the sum of Rs.1,51,40,981.00 for securing the respondent. Factual Context

(2.) The appellant was awarded a contract by the Bhavnagar Irrigation Project Division, Government of Gujarat (BIPD). The said contract was referred to as "Sauni Yojna, Link 2, Package 3". The appellant, in turn, engaged the respondent as a sub-contractor to perform the following works under the EPC contract:

(3.) It is the respondent's case that it had diligently performed its part of the work, however, could not continue the same beyond a particular point as the appellant was not clearing the invoices raised by it in terms of their agreement.