TALWANDI SABO POWER LIMITED AND ANOTHER Vs. SEPCO ELECTRIC POWER CONSTRUCTION CORPORATION AND ANOTHER

JUDGEMENT

(1.) This Letters Patent Appeal is against the order of the learned Single Judge dated 20.1.2016 wherein directions were given while exercising powers under Section 9 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the Act) as amended, to order continuance of the interim orders dated 1.12.2015 and 8.12.2015 requiring a bank guarantees to be maintained for a period of three weeks from the date of constitution of an Arbitration Tribunal with liberty to the respondents to seek interim relief by invoking provisions of Section 17 of the amended Arbitration Act.

(2.) The debate has centered on the issue of maintainability of the L.P.A. against an order passed under Section 9 of the Act as the issues impinging the merits of the dispute would largely be contingent on its acceptance.

(3.) There would be an inter-play of some of the provisions of the Act which for the purpose of reference, are extracted here below :-