VALENTINE MARITIME LTD Vs. KREUZ SUBSEA PTE LIMITED

JUDGEMENT

(1.) By these two appeal filed under Section 37 of the Arbitration and Conciliation Act, 1996 (for short "the Arbitration Act"), both these appellants (original respondent no.1 and respondent no.2 respectively) have impugned the order passed by the learned Single Judge granting interim measures in favour of the respondent no.1 (original petitioner) under Section 9 of the Arbitration Act.

(2.) The appellant in Commercial Appeal (L) No.7013 of 2020 has impugned the entire order passed by the learned Single Judge whereas the appellant in Commercial Appeal (L) No.8386 of 2020 has impugned the directions issued by the learned Single Judge in paragraph 42(e)(i) to (vi) of the order dated 11th November 2020. By consent of parties, both these appeals were heard together and are being disposed of by common order. Some of the relevant facts for the purpose of deciding these two appeals are as under :-

(3.) On 21st August 2019, Oil and Natural Gas Corporation Limited (hereinafter referred to as "ONGC") entered into a contract with the appellant i.e. Valentine Maritime Limited (hereinafter referred to as "VML") for laying of 165.77 kms. subsea pipeline spread in 23 segments including associated subsea activities, Installation of 27 nos. riser, Modification of 18 nos. topside and Demolition of 86 nos. riser (redundant and replacement). On 30th October 2019, ONGC issued a Letter of Award in favour of VML. On 30th October 2019, VML issued a Letter of Acceptance appointing Kreuz Subsea Pte Limited (hereinafter referred to as "KSS") as a Sub-contractor for subsea installation work associated with the pipeline replacement project of ONGC i.e. part of the work under ONGC-VML contract.