w w w . L a w y e r S e r v i c e s . i n



China Datang Technologies & Engineering Co. Ltd., Delhi v/s NLC India Limited, Chennai & Another


Company & Directors' Information:- NLC INDIA LIMITED [Active] CIN = L93090TN1956GOI003507

Company & Directors' Information:- M S C TECHNOLOGIES LIMITED [Active] CIN = U64201DL2002PLC115040

Company & Directors' Information:- M K M TECHNOLOGIES PRIVATE LIMITED [Active] CIN = U32109DL2000PTC103261

Company & Directors' Information:- V-3 TECHNOLOGIES PRIVATE LIMITED [Active] CIN = U72200DL2000PTC105933

Company & Directors' Information:- H K TECHNOLOGIES LIMITED [Converted to LLP] CIN = U51397KA1993PLC014466

Company & Directors' Information:- N I ENGINEERING TECHNOLOGIES PRIVATE LIMITED [Active] CIN = U26960TG2012PTC081434

Company & Directors' Information:- R S TECHNOLOGIES PRIVATE LIMITED [Active] CIN = U30007DL1998PTC093644

Company & Directors' Information:- C L C TECHNOLOGIES PRIVATE LIMITED [Active] CIN = U74899DL2000PTC105957

Company & Directors' Information:- I Q TECHNOLOGIES LIMITED [Active] CIN = U72200TG2000PLC034058

Company & Directors' Information:- IN TECHNOLOGIES PRIVATE LIMITED [Active] CIN = U72900DL2010PTC210298

Company & Directors' Information:- H AND H TECHNOLOGIES PRIVATE LIMITED [Active] CIN = U30009CH1999PTC022316

Company & Directors' Information:- S D M TECHNOLOGIES INDIA PRIVATE LIMITED [Active] CIN = U22219KA2013PTC070117

Company & Directors' Information:- M & M TECHNOLOGIES PRIVATE LIMITED [Active] CIN = U99999MH1990PTC056999

Company & Directors' Information:- S L S TECHNOLOGIES PRIVATE LIMITED [Strike Off] CIN = U00367KA1988PTC009651

Company & Directors' Information:- A V K TECHNOLOGIES PRIVATE LIMITED [Active] CIN = U72200DL2002PTC113742

Company & Directors' Information:- C V TECHNOLOGIES PRIVATE LIMITED [Active] CIN = U52311CH2013PTC034790

Company & Directors' Information:- R G TECHNOLOGIES PRIVATE LIMITED [Active] CIN = U51109DL2000PTC106267

Company & Directors' Information:- L A TECHNOLOGIES PRIVATE LIMITED [Active] CIN = U72900MH2010PTC209195

Company & Directors' Information:- M S S ENGINEERING TECHNOLOGIES (INDIA) PRIVATE LIMITED [Active] CIN = U74140KA2004PTC035237

Company & Directors' Information:- N R TECHNOLOGIES PRIVATE LIMITED [Active] CIN = U72900GJ2000PTC038010

Company & Directors' Information:- H R TECHNOLOGIES INDIA PRIVATE LIMITED [Strike Off] CIN = U52603MH2003PTC138635

Company & Directors' Information:- C S A TECHNOLOGIES PRIVATE LIMITED [Strike Off] CIN = U72300TN1996PTC037105

Company & Directors' Information:- L AND S TECHNOLOGIES PRIVATE LIMITED [Strike Off] CIN = U99999MH1996PTC104023

Company & Directors' Information:- DATANG TECHNOLOGIES & ENGINEERING INDIA PRIVATE LIMITED [Active] CIN = U74120MH2013FTC251019

Company & Directors' Information:- G-3 TECHNOLOGIES PRIVATE LIMITED [Active] CIN = U40106UP2020PTC132974

Company & Directors' Information:- D R I TECHNOLOGIES PRIVATE LIMITED [Active] CIN = U74999TG2020PTC144351

Company & Directors' Information:- M G S TECHNOLOGIES PRIVATE LIMITED [Active] CIN = U72200TG1997PTC028524

Company & Directors' Information:- S B TECHNOLOGIES PRIVATE LIMITED [Active] CIN = U72200AP2015PTC097640

Company & Directors' Information:- U AND I TECHNOLOGIES PRIVATE LIMITED [Strike Off] CIN = U72200KA1997PTC022565

Company & Directors' Information:- C AND M TECHNOLOGIES PRIVATE LIMITED [Active] CIN = U26900MH1999PTC118353

Company & Directors' Information:- A S D TECHNOLOGIES PRIVATE LIMITED [Active] CIN = U72501DL1996PTC078629

Company & Directors' Information:- V V TECHNOLOGIES PRIVATE LIMITED [Active] CIN = U72300HR2008PTC037950

Company & Directors' Information:- J M S TECHNOLOGIES PRIVATE LIMITED [Active] CIN = U74899DL1994PTC063471

Company & Directors' Information:- C 1 TECHNOLOGIES LIMITED [Active] CIN = U72900KA2000PLC027594

Company & Directors' Information:- S W TECHNOLOGIES PRIVATE LIMITED [Converted to LLP and Dissolved] CIN = U74140DL1970PTC005326

Company & Directors' Information:- B A TECHNOLOGIES LIMITED [Active] CIN = U74900PN2012PLC143775

Company & Directors' Information:- J TECHNOLOGIES INDIA LIMITED [Active] CIN = U72200TZ2000PLC009315

Company & Directors' Information:- J N TECHNOLOGIES PRIVATE LIMITED [Active] CIN = U74899DL1992PTC050546

Company & Directors' Information:- E S S TECHNOLOGIES PRIVATE LIMITED [Strike Off] CIN = U74899DL1994PTC058548

Company & Directors' Information:- J V D TECHNOLOGIES PRIVATE LIMITED [Strike Off] CIN = U72200MH2005PTC157334

Company & Directors' Information:- J K TECHNOLOGIES PRIVATE LIMITED [Active] CIN = U72900DL2000PTC108155

Company & Directors' Information:- I E M TECHNOLOGIES PRIVATE LIMITED [Strike Off] CIN = U72900MH2008PTC187513

Company & Directors' Information:- D. A. TECHNOLOGIES PRIVATE LIMITED [Active] CIN = U72900DL2008PTC173738

Company & Directors' Information:- K M TECHNOLOGIES PRIVATE LIMITED [Active] CIN = U72200DL2006PTC150457

Company & Directors' Information:- D. L. TECHNOLOGIES PRIVATE LIMITED [Active] CIN = U74120DL2008PTC175475

Company & Directors' Information:- K-7 TECHNOLOGIES PRIVATE LIMITED [Strike Off] CIN = U72200KA2001PTC028991

Company & Directors' Information:- T & T TECHNOLOGIES PRIVATE LIMITED [Active] CIN = U33112UP2001PTC026185

Company & Directors' Information:- R P J TECHNOLOGIES PRIVATE LIMITED [Active] CIN = U72300UP1994PTC016135

Company & Directors' Information:- S J R S TECHNOLOGIES PRIVATE LIMITED [Active] CIN = U72200DL2008PTC185244

Company & Directors' Information:- E M TECHNOLOGIES INDIA PRIVATE LIMITED [Active] CIN = U74899DL2005PTC141257

Company & Directors' Information:- L & Q TECHNOLOGIES PRIVATE LIMITED [Active] CIN = U72200KA2015PTC082491

Company & Directors' Information:- B T I B TECHNOLOGIES PRIVATE LIMITED [Strike Off] CIN = U73100KA2006PTC038314

Company & Directors' Information:- D W TECHNOLOGIES PRIVATE LIMITED [Active] CIN = U50400HR2010PTC041610

Company & Directors' Information:- G S V TECHNOLOGIES PRIVATE LIMITED [Strike Off] CIN = U72300KA1999PTC026122

Company & Directors' Information:- Q S R TECHNOLOGIES PRIVATE LIMITED [Strike Off] CIN = U74999TN1997PTC039075

Company & Directors' Information:- V INDIA TECHNOLOGIES PRIVATE LIMITED [Active] CIN = U72900TN2008PTC069066

Company & Directors' Information:- J AND M TECHNOLOGIES PRIVATE LIMITED [Strike Off] CIN = U72200TG1999PTC032453

Company & Directors' Information:- R K H TECHNOLOGIES PRIVATE LIMITED [Active] CIN = U72900DL2000PTC106586

Company & Directors' Information:- M C A TECHNOLOGIES (INDIA) PRIVATE LIMITED [Strike Off] CIN = U73100MH2003PTC143446

Company & Directors' Information:- A 2 D TECHNOLOGIES (I) PRIVATE LIMITED [Strike Off] CIN = U74120MH2010PTC208798

Company & Directors' Information:- V M B TECHNOLOGIES PRIVATE LIMITED [Active] CIN = U72200TZ2009PTC015638

Company & Directors' Information:- J N S TECHNOLOGIES PRIVATE LIMITED [Strike Off] CIN = U72200TG2011PTC076705

Company & Directors' Information:- M Y 5 TECHNOLOGIES PRIVATE LIMITED [Active] CIN = U72300UP2010PTC039514

Company & Directors' Information:- V & T TECHNOLOGIES PRIVATE LIMITED [Active] CIN = U74900WB2013PTC199124

Company & Directors' Information:- V J TECHNOLOGIES PRIVATE LIMITED [Strike Off] CIN = U72300DL2007PTC163641

Company & Directors' Information:- E TECHNOLOGIES PRIVATE LIMITED [Strike Off] CIN = U72900DL2000PTC106075

Company & Directors' Information:- W V TECHNOLOGIES INDIA PRIVATE LIMITED [Strike Off] CIN = U72200DL2008PTC172293

Company & Directors' Information:- U K TECHNOLOGIES PRIVATE LIMITED [Strike Off] CIN = U31401DL1997PTC089598

Company & Directors' Information:- L B TECHNOLOGIES PRIVATE LIMITED [Strike Off] CIN = U72900MH2000PTC124946

Company & Directors' Information:- F-7 TECHNOLOGIES INDIA PRIVATE LIMITED [Strike Off] CIN = U72900MH2008PTC182854

Company & Directors' Information:- K-TECHNOLOGIES (INDIA) PRIVATE LIMITED [Strike Off] CIN = U72900KL2006PTC019422

Company & Directors' Information:- H B TECHNOLOGIES PRIVATE LIMITED [Converted to LLP] CIN = U72200MH2000PTC130143

Company & Directors' Information:- J S R TECHNOLOGIES PRIVATE LIMITED [Active] CIN = U72900PB2011PTC035189

Company & Directors' Information:- R V TECHNOLOGIES PRIVATE LIMITED [Active] CIN = U72200TG2007PTC053614

Company & Directors' Information:- V T S TECHNOLOGIES LIMITED [Active] CIN = U29309TN1996PLC036728

Company & Directors' Information:- R N TECHNOLOGIES PRIVATE LIMITED [Active] CIN = U72900BR2013PTC021398

Company & Directors' Information:- C A G TECHNOLOGIES PRIVATE LIMITED [Strike Off] CIN = U52335PB2009PTC032939

Company & Directors' Information:- S R N TECHNOLOGIES PRIVATE LIMITED [Strike Off] CIN = U72300TN2007PTC065005

Company & Directors' Information:- V N TECHNOLOGIES PRIVATE LIMITED [Strike Off] CIN = U72900TN2006PTC061056

Company & Directors' Information:- H & S TECHNOLOGIES PRIVATE LIMITED [Strike Off] CIN = U72900PY2009PTC002365

Company & Directors' Information:- K S TECHNOLOGIES PRIVATE LIMITED [Strike Off] CIN = U72200PB2001PTC024628

Company & Directors' Information:- A TO Z TECHNOLOGIES PRIVATE LIMITED [Strike Off] CIN = U72900PB2011PTC035133

Company & Directors' Information:- V M S TECHNOLOGIES PRIVATE LIMITED [Strike Off] CIN = U52392TN2004PTC054456

Company & Directors' Information:- K F A TECHNOLOGIES PRIVATE LIMITED [Active] CIN = U72300MH2013PTC239228

Company & Directors' Information:- K G N TECHNOLOGIES PRIVATE LIMITED [Strike Off] CIN = U72200MH2004PTC150227

Company & Directors' Information:- B H TECHNOLOGIES PRIVATE LIMITED [Active] CIN = U74200MH2007PTC175126

Company & Directors' Information:- AT TECHNOLOGIES PRIVATE LIMITED [Active] CIN = U72900PN2007PTC130827

Company & Directors' Information:- P E TECHNOLOGIES PRIVATE LIMITED [Strike Off] CIN = U72900PN2010PTC137065

Company & Directors' Information:- M & B TECHNOLOGIES PRIVATE LIMITED [Strike Off] CIN = U72200TN2010PTC074938

Company & Directors' Information:- M & T TECHNOLOGIES PRIVATE LIMITED [Strike Off] CIN = U72200TG2010PTC071594

Company & Directors' Information:- R S Z TECHNOLOGIES PRIVATE LIMITED [Strike Off] CIN = U74990TN2012PTC084325

Company & Directors' Information:- A A S TECHNOLOGIES PRIVATE LIMITED [Strike Off] CIN = U74200TG2005PTC046996

Company & Directors' Information:- J K M TECHNOLOGIES PRIVATE LIMITED [Active] CIN = U72900TN2008PTC069232

Company & Directors' Information:- N R P TECHNOLOGIES PRIVATE LIMITED [Active] CIN = U72900TG2009PTC064078

Company & Directors' Information:- R. W TECHNOLOGIES PRIVATE LIMITED [Strike Off] CIN = U72900UP2013PTC060078

Company & Directors' Information:- Y N R TECHNOLOGIES PRIVATE LIMITED [Active] CIN = U72900UP2013PTC060490

Company & Directors' Information:- K G M TECHNOLOGIES PRIVATE LIMITED [Strike Off] CIN = U72200JK2011PTC003300

Company & Directors' Information:- O S TECHNOLOGIES PRIVATE LIMITED [Strike Off] CIN = U72900CH2013PTC034358

Company & Directors' Information:- G R B TECHNOLOGIES PRIVATE LIMITED [Active] CIN = U72300DL2008PTC178561

Company & Directors' Information:- B V P TECHNOLOGIES PRIVATE LIMITED [Active] CIN = U72900DL2001PTC112528

Company & Directors' Information:- A V R TECHNOLOGIES PRIVATE LIMITED [Strike Off] CIN = U72900DL2002PTC115232

Company & Directors' Information:- DELHI TECHNOLOGIES PRIVATE LIMITED [Strike Off] CIN = U72900DL2002PTC116415

Company & Directors' Information:- R T M TECHNOLOGIES PRIVATE LIMITED [Active] CIN = U72900DL2002PTC117919

Company & Directors' Information:- H S E TECHNOLOGIES PRIVATE LIMITED [Active] CIN = U72200DL2006PTC144307

Company & Directors' Information:- T & A TECHNOLOGIES PRIVATE LIMITED [Strike Off] CIN = U72200DL2010PTC205207

Company & Directors' Information:- C R A TECHNOLOGIES PRIVATE LIMITED [Active] CIN = U72200DL2011PTC215877

Company & Directors' Information:- M & A TECHNOLOGIES PRIVATE LIMITED [Strike Off] CIN = U72200DL2014PTC269962

Company & Directors' Information:- G S R TECHNOLOGIES PRIVATE LIMITED [Strike Off] CIN = U74899DL2001PTC109145

Company & Directors' Information:- G D TECHNOLOGIES PRIVATE LIMITED [Active] CIN = U74900DL2014PTC264207

Company & Directors' Information:- H W B TECHNOLOGIES PRIVATE LIMITED [Strike Off] CIN = U72900HR2008PTC038173

Company & Directors' Information:- A N D TECHNOLOGIES PRIVATE LIMITED [Active] CIN = U72200KA2012PTC066768

Company & Directors' Information:- 3 I O I T TECHNOLOGIES PRIVATE LIMITED [Strike Off] CIN = U72900KA2011PTC060111

Company & Directors' Information:- A-1 TECHNOLOGIES PRIVATE LIMITED [Active] CIN = U31900GJ2012PTC068883

Company & Directors' Information:- B G TECHNOLOGIES PRIVATE LIMITED [Strike Off] CIN = U40107GJ2009PTC056839

Company & Directors' Information:- V O D TECHNOLOGIES PRIVATE LIMITED [Strike Off] CIN = U72900KL2013PTC033304

Company & Directors' Information:- D N K TECHNOLOGIES PRIVATE LIMITED [Strike Off] CIN = U72200GJ2009PTC058147

Company & Directors' Information:- P AND 8 TECHNOLOGIES PRIVATE LIMITED [Strike Off] CIN = U52392KL2003PTC016720

Company & Directors' Information:- A N P TECHNOLOGIES PRIVATE LIMITED [Active] CIN = U80900RJ2020PTC070889

Company & Directors' Information:- Q IN TECHNOLOGIES PRIVATE LIMITED [Active] CIN = U31909DL2021PTC381503

Company & Directors' Information:- K C R A F T TECHNOLOGIES PRIVATE LIMITED [Active] CIN = U26999PN2021PTC202964

Company & Directors' Information:- V R TECHNOLOGIES PRIVATE LIMITED [Strike Off] CIN = U64202CH2000PTC023433

Company & Directors' Information:- A I D TECHNOLOGIES PRIVATE LTD [Strike Off] CIN = U31401DL1981PTC012421

Company & Directors' Information:- R B S TECHNOLOGIES PRIVATE LIMITED [Strike Off] CIN = U72200TG2003PTC040858

Company & Directors' Information:- R K TECHNOLOGIES PRIVATE LIMITED [Strike Off] CIN = U72900CH2000PTC023550

Company & Directors' Information:- F C TECHNOLOGIES PRIVATE LIMITED [Strike Off] CIN = U72900DL2007PTC159296

Company & Directors' Information:- S R J TECHNOLOGIES PRIVATE LIMITED [Strike Off] CIN = U72900DL2008PTC176517

Company & Directors' Information:- G TECHNOLOGIES PRIVATE LIMITED [Strike Off] CIN = U29299GJ2001PTC039300

Company & Directors' Information:- China Datang Technologies & Engineering Co. Ltd. [Active] CIN = F06580

    O.A. No. 493 of 2020

    Decided On, 12 October 2020

    At, High Court of Judicature at Madras

    By, THE HONOURABLE MR. JUSTICE M. SUNDAR

    For the Applicant: M.S. Krishnan, Senior Counsel Instructed by Anirudh Krishnan, Adarsh Subramanian & K. Shiva, Advocates. For the Respondents: R1, N. Nithianandam, Advocate.



Judgment Text

(Prayer Original application filed under Order XIV Rule 8 of the OS Rules read with Section 9 of the Arbitration and Conciliation Act, 1996 to grant an order of injunction restraining the 1st respondent from invoking and encashing PBG bearing No.002BG01193540001 dated 20.12.2019 as amended on 16.01.2020 and valid upto 30.11.2023 for an amount of Rs.55,65,00,000/- and the 2nd Respondent from making any payment to the 1st Respondent under the said PBG pending disposal of the arbitration proceedings between the petitioner and the 1st respondent.)1. Captioned application is one under Section 9 of 'The Arbitration and Conciliation Act, 1996 (Act 26 of 1996)', which shall hereinafter be referred to as 'A and C Act' for the sake of brevity, clarity and convenience.2. Before this Court proceeds further, it is made clear that second respondent is the Bank through which 'Performance Bank Guarantee' ('PBG' for the sake of brevity) was furnished by the applicant/contractor to contesting first respondent and therefore, the second respondent has no adversarial position in this matter. In this view of the matter, the main application is taken up and disposed of vide this order as per request of learned senior counsel for applicant, counsel for contesting respondent and obviously with their consent.3. 'Applicant' shall hereinafter be referred to as 'Contractor' and 'first respondent' shall hereinafter be referred to as 'NLC' for the sake of convenience and clarity.4. Considering the trajectory which this matter has taken today, short facts shorn of elaboration will suffice and it is not necessary to dilate qua factual matrix. Suffice to say that the entire matter pertains to installation of what is described as 'Flue Gas Desulphurization' ('FGD' for the sake of brevity) by the contractor to NLC pursuant to a tender floated by NLC. Contractor was the successful bidder, contractor was given a Letter of Award dated 31.08.2019 followed by a contract dated 06.03.2020 and a set of commercial conditions. These three shall hereinafter collectively be referred to as 'said contract' for the sake of convenience and clarity. This Court is informed that this Letter of Award dated 31.08.2019, contract dated 06.03.2020 and commercial conditions together constitute the contractual relationship between the contractor and NLC for FGD. This Court is informed that FGD is for two thermal power stations that are being set up by NLC in Neyveli. Vide said contract, time for completion of first FGD is 30 months i.e., for first Power Station and time of completion of the other FGD i.e, for second Power Station is 36 months. This Court is informed that the parties had agreed that the effective date qua said contract is 31.08.2019. Thereafter, arbitrable disputes erupted between the contractor and NLC, disputes centre around delay and invocation of Force Majeure clause. This shall collectively be referred to as 'arbitrable dispute' for the sake of convenience and this Court expresses no opinion on the merits of the arbitrable disputes. What is of significance is, there is no disputation or disagreement between the parties that the arbitration agreement between the parties, being an arbitration agreement within the meaning of Section 2(1)(b) read with Section 7 of A and C Act is in the form of a clause in the said contract i.e., commercial conditions clause 10.33.3.5. There is also no disputation or disagreement that contractor issued a communication dated 29.09.2020, which according to the contractor, is the trigger notice qua arbitration. To be noted, this was preceded by exchange of communications between the contractor and NLC.5. Learned counsel for NLC submits on instructions that a reply to, what according to contractor, is the aforementioned trigger notice, has been sent saying that it was premature in the light of the language in which arbitration clause is couched. However, it is clear that the applicant has demonstrated manifest intention to arbitrate, which is sine qua non for an application under Section 9 of A and C Act.6. Learned counsel for NLC, on instructions, has now filed a memo dated 12.10.2020, which reads as follows:MEMO FILED ON BEHALF OF THE 1ST RESPONDENTIt is respectfully submitted as follows:1. On instructions, it is submitted though the Arbitration Clause in the Contract contemplates Three Member Tribunal, we are agreeable to appointment of Single Member Tribunal for adjudication of the disputes between the parties.2. The Sole Arbitrator may be appointed by this Hon’ble Court without reference to the Arbitrator appointed by the Petitioner. Dated at Madras on this the 12th day of October, 2020.-Sd-N. NithianandamCounsel for the 1st Respondent'7. From the above memo, it becomes clear that NLC consents for appointment of a sole Arbitrator though the arbitration clause provides for an Arbitral Tribunal to be constituted by three Arbitrators. Learned counsel for contractor also agrees to this course and this submission is recorded. To be noted, learned counsel for NLC submits that this departure notwithstanding its reply and the mechanism in arbitration clause shall not be quoted as a precedent. Both parties also, on instructions, submit that this Court can proceed to appoint a sole Arbitrator at its discretion as there is no disputation about the existence of an arbitration agreement between the parties.8. In the light of the trajectory which this matter has taken and in the light of the curves which this matter has taken in reaching this Court vide captioned application, this Court, noticing that there is no disputation about the existence of arbitration agreement and parties agree for appointment of a sole Arbitrator, though arbitration agreement provides for appointment of three member Arbitral Tribunal and more importantly, the parties have left the choice of sole Arbitrator to this Court, now proceeds to dispose of captioned application inter alia by appointing a sole Arbitrator. It is made clear that this Course is adopted owing to the peculiar facts of this case and peculiar trajectory this matter has taken and therefore, this order will not serve as a precedent in times to come.9. Before this Court does so and before this Court appoints an Arbitrator, it is necessary to deal with the interim prayer that has been sought for inter alia under Section 9 of the A and C Act. As already alluded to supra, as the applicant has demonstrated manifest intention to arbitrate, this application is entertained, this Court notices that the applicant had the benefit of an interim order from 09.09.2020 to date and therefore, this Court deems it appropriate to continue the interim order. In doing so, this Court has noticed that the interim prayer pertains to invocation and encashment of PBG. Prima facie case has been made out as manifest intention to arbitrate has been demonstrated. Balance of convenience also is in favour of acceding to this request as invocation/encashment of PBG pending arbitration will tantamount to putting the cart before the horse. Irreparable legal injury determinant also buttresses the grant / continuation of interim order as this Court notices that PBG is for 10% of the value of the said contract, performance of which now forms part of arbitrable dispute.10. Another factor, which has weighed in the minds of this Court, is that there is no disputation that PBG is valid till 2023. Counsel for contractor/applicant submits that PBG will be kept alive not only till 2023, but for a period of 30 days post receipt of final award by both parties in the arbitral proceedings. This submission is recorded. To be noted, under normal circumstances, this Court would have relegated the parties to move Hon'ble Arbitrator under section 17 of A and C Act for the interim prayer to be decided on merits by Hon'ble Arbitrator, but in this case, owing to the undertaking on the part of the contractor to keep the PBG alive not only till 2023, but for a further period of 30 days post receipt of final award to be made by Hon'ble Arbitrator, in response to which learned counsel for NLC consenting that the interim order as prayed for in captioned application can operate till the end of arbitral proceedings, this Court is disposing of captioned application on the terms to be set out infra. However, considering the facts and circumstances, this Court deems it appropriate to leave it open to the parties to move the AT under Section 17 of the A and C Act even with regard to this order and undertaking, if the need arises. If such a situation arises, such an application under Section 17 of A and C Act, though obvious, will be dealt with by Hon'ble Arbitral Tribunal on its own merits and in accordance with law.11. Learned counsel for NLC submits that original PBG bearing No.002BG01193540001 dated 20.12.2019 as amended on 16.01.2020 and valid upto 30.11.2023 for an amount of Rs.55,65,00,000/- issued by the second respondent has been submitted to the second respondent Bank. In the light of this order, the second respondent Yes Bank is directed to return the original PBG to first respondent NLC within a fortnight from the date of receipt of a copy of this order by the second respondent.12. As this application is disposed of at the first listing stage, learned counsel on record on both sides shall communicate this order to the second respondent for due compliance in all aspects of the matter.13. Though obvious it is made clear that all questions are left open to be decided by Hon'ble Arbitral Tribunal.14. The following order is passed:a) An interim order as prayed for in the captioned application is granted and the same shall operate till the award is passed by Hon'ble Sole Arbitrator.b) It is open to the parties to move the Hon'ble Arbitrator under section 17 of The Arbitration and Conciliation Act, 1996 (Act 26 of 1996), if the need arises for any relief including any

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thing touching upon or pertaining to order granted in captioned application. If this scenario unfurls, Hon'ble Arbitrator will decide the application under section 17 of A and C Act on its own merits without being impeded in any manner by this order.c) Hon'ble Mrs.Justice R.Banumathi (Retd.), former Judge of Hon'ble Supreme Court of India at No.C20, Ground Floor, Defence Colony, New Delhi-110 024, (Mob: 7042955477, e-mail:banumathir1955@gmail.com) is appointed as sole Arbitrator to enter upon reference, adjudicate and pass an award in the arbitrable disputes between applicant China Datang Technologies & Engineering Co. Ltd., (applicant) and first respondent NLC India Limited vide said contract, constituted by Letter of Award dated 31.08.2019, contract dated 06.03.2020 and commercial contract;d) Hon'ble Arbitrator is free to fix fees at the discretion of Hon'ble Arbitrator;e) The arbitral sitting/s being physical hearing or virtual hearings shall also be at the sole discretion of the Hon'ble Arbitrator.This application is disposed of accordingly.There shall be no order as to costs.
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