RELIANCE INFRASTRUCTURE LIMITED Vs. NLC INDIA LIMITED

JUDGEMENT

(1.) The present Appeal was filed by the Appellant to challenge the Order dtd. 29/12/2021 passed by the Learned Single Judge rejecting the Appellant's Interim Application (L) No. 30927 of 2021 ( "Interim Application "). The Appellant/ Original Plaintiff had sought a restraint against Respondent No. l from encashing the mobilization Advance Bank Guarantees issued by Respondent Nos.2 to 4 Banks in favour of the Respondent No. 1, at the Appellant's behest, under a Letter of Award dtd. 21/11/2016. The Ld. Single Judge before whom the ad-interim application was moved during Court vacation, refused to grant any reliefs. No reasons were given in support of Order refusing grant of ad-interim reliefs.

(2.) Since no reasons were given by the Learned Single Judge at the time of rejecting the Application seeking ad-interim reliefs, as recorded in our Order dtd. 17/1/2022, the parties agreed to argue the Interim Application itself before us, after which the Appeal was heard on several dates.

(3.) Respondent No. 1 had, in the year 2015, floated a tender inviting bids for setting up two Thermal Power Stations comprising one unit of capacity 250 MW at Bithnok, Rajasthan, India ( "BTPP ") and another unit of 250 MW at Barsingsar, Rajasthan ( "BTPSE "). The Appellant emerged as a successful bidder.