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



M/s. Angelique International Limited v/s Public Electricity Corporation & Others


Company & Directors' Information:- K N INTERNATIONAL LIMITED [Active] CIN = U45201UP2002PLC026841

Company & Directors' Information:- D B H INTERNATIONAL PRIVATE LIMITED [Active] CIN = U74899DL1950PTC057209

Company & Directors' Information:- V AND S INTERNATIONAL PVT LTD [Active] CIN = U74899DL1992PTC049964

Company & Directors' Information:- S S A INTERNATIONAL LTD [Active] CIN = U15122DL1995PLC068186

Company & Directors' Information:- A T N INTERNATIONAL LIMITED [Active] CIN = L65993WB1983PLC080793

Company & Directors' Information:- ANGELIQUE INTERNATIONAL LIMITED [Active] CIN = U18109DL1996PLC075132

Company & Directors' Information:- D D INTERNATIONAL PRIVATE LIMITED [Active] CIN = U51909PB1995PTC016929

Company & Directors' Information:- T K INTERNATIONAL LIMITED [Active] CIN = U55101OR1982PLC001092

Company & Directors' Information:- N R INTERNATIONAL LIMITED [Active] CIN = L74999WB1991PLC051738

Company & Directors' Information:- K J INTERNATIONAL LIMITED [Active] CIN = L15142PB1993PLC011274

Company & Directors' Information:- A K S INTERNATIONAL LIMITED [Active] CIN = U74899DL1996PLC076327

Company & Directors' Information:- S P INTERNATIONAL PRIVATE LIMITED [Active] CIN = U70100WB1994PTC063228

Company & Directors' Information:- B. K. INTERNATIONAL PRIVATE LIMITED [Active] CIN = U74999DL2006PTC157013

Company & Directors' Information:- R S C INTERNATIONAL LIMITED [Active] CIN = L17124RJ1993PLC007136

Company & Directors' Information:- J C INTERNATIONAL LIMITED [Active] CIN = U51109WB1999PLC089037

Company & Directors' Information:- M T L INTERNATIONAL PRIVATE LIMITED [Amalgamated] CIN = U24219UP2001PTC025965

Company & Directors' Information:- T C N S INTERNATIONAL PRIVATE LIMITED [Amalgamated] CIN = U51311DL1996PTC080096

Company & Directors' Information:- K V S INTERNATIONAL PRIVATE LIMITED [Active] CIN = U18101DL2003PTC120770

Company & Directors' Information:- G N INTERNATIONAL PRIVATE LIMITED [Active] CIN = U51909DL2001PTC110766

Company & Directors' Information:- S H A M INTERNATIONAL PRIVATE LIMITED [Active] CIN = U45200MH1994PTC079867

Company & Directors' Information:- M K INTERNATIONAL LIMITED [Active] CIN = U51909DL1996PLC083430

Company & Directors' Information:- V. G. INTERNATIONAL PRIVATE LIMITED [Active] CIN = U51101DL2007PTC162540

Company & Directors' Information:- D R INTERNATIONAL PRIVATE LIMITED [Active] CIN = U24132DL1996PTC079867

Company & Directors' Information:- R H INTERNATIONAL LIMITED [Active] CIN = U72900DL2007PLC159452

Company & Directors' Information:- G & G INTERNATIONAL PRIVATE LIMITED [Active] CIN = U17120DL2012PTC234047

Company & Directors' Information:- A & D INTERNATIONAL PRIVATE LIMITED [Active] CIN = U36109RJ2007PTC024176

Company & Directors' Information:- H G E INTERNATIONAL PRIVATE LIMITED [Active] CIN = U19115UP2011PTC045112

Company & Directors' Information:- K A I INTERNATIONAL PRIVATE LIMITED [Active] CIN = U13100OR2007PTC009647

Company & Directors' Information:- C G INTERNATIONAL PRIVATE LIMITED [Active] CIN = U99999MH1996PTC097577

Company & Directors' Information:- K C INTERNATIONAL LIMITED [Active] CIN = U74899DL1994PLC060402

Company & Directors' Information:- M P INTERNATIONAL PRIVATE LIMITED [Active] CIN = U29130MH1997PTC107943

Company & Directors' Information:- A S INTERNATIONAL LIMITED [Strike Off] CIN = U74899DL1993PLC056158

Company & Directors' Information:- H C S INTERNATIONAL PRIVATE LIMITED [Active] CIN = U15312PB2012PTC036219

Company & Directors' Information:- L N G INTERNATIONAL LIMITED [Active] CIN = U51909DL1993PLC053438

Company & Directors' Information:- S. D. INTERNATIONAL PRIVATE LIMITED [Active] CIN = U74900UP2008PTC036047

Company & Directors' Information:- S AND I INTERNATIONAL PRIVATE LIMITED [Active] CIN = U51909DL1995PTC072210

Company & Directors' Information:- L T INTERNATIONAL LIMITED [Active] CIN = U74899DL1999PLC097892

Company & Directors' Information:- A. INTERNATIONAL PRIVATE LIMITED [Active] CIN = U51102GJ2008PTC053840

Company & Directors' Information:- S J M INTERNATIONAL LIMITED [Active] CIN = U52110DL1987PLC028571

Company & Directors' Information:- S B S INTERNATIONAL PRIVATE LIMITED [Active] CIN = U18101DL1997PTC085878

Company & Directors' Information:- R. A. INTERNATIONAL PRIVATE LIMITED [Active] CIN = U51225DL2008PTC177405

Company & Directors' Information:- B G INTERNATIONAL PRIVATE LIMITED [Active] CIN = U50300PB2014PTC038889

Company & Directors' Information:- S F INTERNATIONAL PRIVATE LIMITED [Active] CIN = U74999PB2000PTC023654

Company & Directors' Information:- R T S INTERNATIONAL PRIVATE LIMITED [Active] CIN = U63022DL1997PTC089328

Company & Directors' Information:- I K INTERNATIONAL PRIVATE LIMITED [Active] CIN = U74899DL1995PTC066267

Company & Directors' Information:- C K INTERNATIONAL PRIVATE LIMITED [Active] CIN = U74899DL1991PTC045625

Company & Directors' Information:- L A INTERNATIONAL PRIVATE LIMITED [Active] CIN = U51909PB2010PTC033683

Company & Directors' Information:- H R V INTERNATIONAL PRIVATE LIMITED [Amalgamated] CIN = U74899UP1993PTC057665

Company & Directors' Information:- K P INTERNATIONAL PRIVATE LIMITED [Active] CIN = U24110GJ2007PTC050026

Company & Directors' Information:- V S INTERNATIONAL PRIVATE LIMITED [Active] CIN = U85100MH1997PTC109647

Company & Directors' Information:- N N INTERNATIONAL PRIVATE LIMITED [Active] CIN = U01111DL1999PTC099094

Company & Directors' Information:- S R V INTERNATIONAL PRIVATE LIMITED [Active] CIN = U74140DL2012PTC243060

Company & Directors' Information:- V. S. Y. INTERNATIONAL PRIVATE LIMITED [Active] CIN = U74999UP2008PTC035521

Company & Directors' Information:- U M I INTERNATIONAL LTD [Strike Off] CIN = U51909WB1990PLC049671

Company & Directors' Information:- A. R. INTERNATIONAL PRIVATE LIMITED [Active] CIN = U51900MH2010PTC228539

Company & Directors' Information:- B R INTERNATIONAL PRIVATE LIMITED [Active] CIN = U74899DL1993PTC055562

Company & Directors' Information:- M J INTERNATIONAL PRIVATE LIMITED [Amalgamated] CIN = U74899DL1982PTC013231

Company & Directors' Information:- D N INTERNATIONAL LIMITED [Active] CIN = U36911TN1996PLC034205

Company & Directors' Information:- M. H. INTERNATIONAL PRIVATE LIMITED [Active] CIN = U70102DL2007PTC164267

Company & Directors' Information:- H AND Z INTERNATIONAL LIMITED [Active] CIN = U10102AS1995PLC004509

Company & Directors' Information:- M G M INTERNATIONAL PVT LTD [Active] CIN = U74899DL1982PTC013580

Company & Directors' Information:- J J INTERNATIONAL PRIVATE LIMITED [Active] CIN = U51109DL1992PTC047657

Company & Directors' Information:- H D INTERNATIONAL LIMITED [Active] CIN = U74899DL1994PLC060720

Company & Directors' Information:- K. A. INTERNATIONAL PRIVATE LIMITED [Active] CIN = U51101UP2012PTC049338

Company & Directors' Information:- J & G INTERNATIONAL PRIVATE LIMITED [Active] CIN = U18109DL2012PTC238392

Company & Directors' Information:- K R INTERNATIONAL PRIVATE LIMITED [Active] CIN = U17291DL2008PTC172188

Company & Directors' Information:- D. J. INTERNATIONAL LIMITED [Strike Off] CIN = U65910MH1999PLC119298

Company & Directors' Information:- S P INTERNATIONAL PVT LTD [Strike Off] CIN = U99999UP1965PTC003091

Company & Directors' Information:- J M INTERNATIONAL PVT LTD [Active] CIN = U45201WB1991PTC050829

Company & Directors' Information:- D P C INTERNATIONAL PVT LTD [Active] CIN = U74210WB1984PTC037378

Company & Directors' Information:- B M INTERNATIONAL PRIVATE LIMITED [Active] CIN = U74899DL1992PTC048736

Company & Directors' Information:- S G INTERNATIONAL PRIVATE LIMITED [Strike Off] CIN = U51109WB1998PTC086547

Company & Directors' Information:- B N INTERNATIONAL PRIVATE LIMITED [Active] CIN = U15412WB1999PTC089316

Company & Directors' Information:- V A INTERNATIONAL PRIVATE LIMITED [Active] CIN = U01111DL2000PTC104712

Company & Directors' Information:- S. J. INTERNATIONAL PRIVATE LIMITED [Active] CIN = U27310DL2007PTC169438

Company & Directors' Information:- N H B INTERNATIONAL PRIVATE LIMITED [Converted to LLP] CIN = U67190MH1997PTC107387

Company & Directors' Information:- P D K INTERNATIONAL PVT LTD [Active] CIN = U74140WB1992PTC056468

Company & Directors' Information:- G. S. C. INTERNATIONAL PRIVATE LIMITED [Active] CIN = U29120MH1994PTC080380

Company & Directors' Information:- A J INTERNATIONAL PRIVATE LIMITED [Converted to LLP] CIN = U74899DL1994PTC060818

Company & Directors' Information:- J S M INTERNATIONAL LIMITED [Active] CIN = U85110KA1996PLC020046

Company & Directors' Information:- M K N INTERNATIONAL PRIVATE LIMITED [Active] CIN = U51909DL2002PTC117207

Company & Directors' Information:- N M INTERNATIONAL PRIVATE LIMITED [Active] CIN = U74120MH2012PTC234492

Company & Directors' Information:- S S M INTERNATIONAL PRIVATE LIMITED [Active] CIN = U51909DL1997PTC089876

Company & Directors' Information:- A P J INTERNATIONAL PRIVATE LIMITED [Strike Off] CIN = U51909HR2010PTC040304

Company & Directors' Information:- T. INTERNATIONAL PRIVATE LIMITED [Active] CIN = U72900DL1997PTC091049

Company & Directors' Information:- V R INTERNATIONAL PRIVATE LIMITED [Active] CIN = U51101UP2011PTC043952

Company & Directors' Information:- A & F INTERNATIONAL PRIVATE LIMITED [Strike Off] CIN = U00265KA1995PTC018998

Company & Directors' Information:- M E C INTERNATIONAL PRIVATE LIMITED [Active] CIN = U33111GJ1963PTC082423

Company & Directors' Information:- J K INTERNATIONAL PRIVATE LIMITED [Active] CIN = U01100MH2004PTC144492

Company & Directors' Information:- D. S. R. INTERNATIONAL PRIVATE LIMITED [Active] CIN = U74999UP2010PTC039954

Company & Directors' Information:- B L S INTERNATIONAL PRIVATE LIMITED [Active] CIN = U74900UR2010PTC033210

Company & Directors' Information:- R B INTERNATIONAL LTD [Strike Off] CIN = U18101WB1993PLC059515

Company & Directors' Information:- P Y INTERNATIONAL PRIVATE LIMITED [Converted to LLP] CIN = U51102RJ1995PTC010133

Company & Directors' Information:- R C INTERNATIONAL LIMITED [Strike Off] CIN = U51909TG1991PLC012477

Company & Directors' Information:- N J INDIA INTERNATIONAL LIMITED [Strike Off] CIN = U70101UP2004PLC028722

Company & Directors' Information:- I AND A INTERNATIONAL PRIVATE LIMITED [Active] CIN = U72200TG1995PTC019936

Company & Directors' Information:- P V INTERNATIONAL PRIVATE LIMITED [Active] CIN = U74899DL1998PTC094598

Company & Directors' Information:- I B INTERNATIONAL PRIVATE LIMITED [Under Process of Striking Off] CIN = U72200DL2000PTC105735

Company & Directors' Information:- A M INTERNATIONAL PRIVATE LIMITED [Strike Off] CIN = U74899DL1995PTC066228

Company & Directors' Information:- K K M INTERNATIONAL PRIVATE LIMITED [Active] CIN = U17110MH1995PTC089836

Company & Directors' Information:- Z. H. INTERNATIONAL PRIVATE LIMITED [Active] CIN = U21098MH2010PTC210735

Company & Directors' Information:- J R INTERNATIONAL PRIVATE LIMITED [Active] CIN = U51909TN2002PTC048744

Company & Directors' Information:- H P AND B G INTERNATIONAL PRIVATE LIMITED [Active] CIN = U50500DL1999PTC100851

Company & Directors' Information:- L S INTERNATIONAL PRIVATE LIMITED [Strike Off] CIN = U74999DL2009PTC193390

Company & Directors' Information:- M B INTERNATIONAL PVT LTD [Strike Off] CIN = U52190DL2001PTC110572

Company & Directors' Information:- O K R INTERNATIONAL PRIVATE LIMITED [Strike Off] CIN = U74900DL1996PTC077152

Company & Directors' Information:- B B C INTERNATIONAL PVT LTD [Strike Off] CIN = U25209WB1984PTC037383

Company & Directors' Information:- K S INTERNATIONAL PRIVATE LIMITED [Strike Off] CIN = U51909MH2001PTC134345

Company & Directors' Information:- A TO Z INTERNATIONAL PRIVATE LIMITED [Strike Off] CIN = U51101TN1992PTC022507

Company & Directors' Information:- C & A INTERNATIONAL PRIVATE LIMITED [Strike Off] CIN = U51900MH1982PTC026718

Company & Directors' Information:- J S INTERNATIONAL PVT LTD [Strike Off] CIN = U51900MH1982PTC027604

Company & Directors' Information:- A C INDIA INTERNATIONAL PRIVATE LIMITED [Active] CIN = U74899DL1989PTC034784

Company & Directors' Information:- S. S. N. INTERNATIONAL PRIVATE LIMITED [Active] CIN = U29306DL1981PTC012616

Company & Directors' Information:- INDIA INTERNATIONAL COMPANY PRIVATE LIMITED [Active] CIN = U51228MH1955PTC009483

Company & Directors' Information:- A H INTERNATIONAL PRIVATE LIMITED [Active] CIN = U55101RJ2021PTC073171

Company & Directors' Information:- R K INTERNATIONAL PVT LTD [Strike Off] CIN = U63040PB1982PTC004926

Company & Directors' Information:- L & P INTERNATIONAL PRIVATE LIMITED [Active] CIN = U52100DL2016PTC292025

Company & Directors' Information:- J D K INTERNATIONAL PVT LTD [Active] CIN = U74899DL1982PTC014087

Company & Directors' Information:- R B N INTERNATIONAL PRIVATE LIMITED [Active] CIN = U52300DL2012PTC243998

Company & Directors' Information:- P AND P INTERNATIONAL PRIVATE LIMITED. [Strike Off] CIN = U24100OR1993PTC003244

Company & Directors' Information:- B P INTERNATIONAL PVT LTD [Strike Off] CIN = U31909HP1984PTC005785

Company & Directors' Information:- E C INTERNATIONAL PVT LTD [Strike Off] CIN = U99999DL1982PTC013146

Company & Directors' Information:- R A R E INTERNATIONAL PRIVATE LIMITED [Active] CIN = U31900DL2005PTC134395

Company & Directors' Information:- D I D INTERNATIONAL PRIVATE LIMITED [Converted to LLP] CIN = U28112MH2014PTC258750

Company & Directors' Information:- S R A INTERNATIONAL PVT LTD [Strike Off] CIN = U99999DL1980PTC010389

Company & Directors' Information:- R Z INTERNATIONAL PRIVATE LIMITED [Active] CIN = U74900KA2012PTC064445

Company & Directors' Information:- M M INTERNATIONAL PVT LTD [Converted to LLP] CIN = U51312DL1977PTC008583

Company & Directors' Information:- A K INDIA INTERNATIONAL PRIVATE LTD [Strike Off] CIN = U45201DL1981PTC012389

Company & Directors' Information:- O P INTERNATIONAL PRIVATE LIMITED [Strike Off] CIN = U55101PB2013PTC037499

Company & Directors' Information:- J & A INTERNATIONAL PRIVATE LIMITED [Strike Off] CIN = U51900PB2013PTC037302

Company & Directors' Information:- A P M INTERNATIONAL PRIVATE LIMITED [Strike Off] CIN = U74900TN2014PTC095953

Company & Directors' Information:- Y. A. INTERNATIONAL PRIVATE LIMITED [Strike Off] CIN = U74900RJ2012PTC040431

Company & Directors' Information:- D & A INTERNATIONAL PRIVATE LIMITED [Active] CIN = U74999MH2015PTC262713

Company & Directors' Information:- R L INTERNATIONAL PRIVATE LIMITED [Active] CIN = U18204UP2016PTC076344

Company & Directors' Information:- V P S INTERNATIONAL PRIVATE LIMITED [Strike Off] CIN = U93030UP2014PTC066242

Company & Directors' Information:- J V INTERNATIONAL PRIVATE LIMITED [Strike Off] CIN = U51102DL2012PTC240197

Company & Directors' Information:- R I K INTERNATIONAL PRIVATE LIMITED [Under Process of Striking Off] CIN = U52590DL2015PTC283801

Company & Directors' Information:- Y & H INTERNATIONAL PRIVATE LIMITED [Active] CIN = U63000DL2014PTC266649

Company & Directors' Information:- S R L INTERNATIONAL PRIVATE LIMITED [Under Process of Striking Off] CIN = U20296AP2013PTC085533

Company & Directors' Information:- M D INTERNATIONAL LIMITED [Active] CIN = U74140MH1981PTC025007

Company & Directors' Information:- INTERNATIONAL CO PRIVATE LIMITED [Strike Off] CIN = U51109UR1935PTC000663

Company & Directors' Information:- A B C INTERNATIONAL PVT LTD [Strike Off] CIN = U99999DL1990PTC041062

Company & Directors' Information:- D C M INTERNATIONAL LTD. [Strike Off] CIN = U99999DL2000PTC004208

Company & Directors' Information:- B C I INTERNATIONAL LIMITED [Strike Off] CIN = U74900DL1977PLC008468

    O.M.P(EFA)(COMM). No. 8 of 2019 & E.A. Nos. 481 of 2019, 492, 493 of 2020

    Decided On, 23 June 2020

    At, High Court of Delhi

    By, THE HONOURABLE MS. JUSTICE REKHA PALLI

    For the Decree Holder: Tarun Singhla, Advocate, Praveen Singhai, A.R. For the Judgment Debtors: Rajiv Kapur, R5, Akshit Kapur, Advocates.



Judgment Text


Via Video Conferencing:

(Oral)

1. The present enforcement petition filed under Sections 48 and 49 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as ‘the Act’) filed by M/S Angelique International Limited/company having its registered office in Delhi, seeks enforcement of a unanimous foreign award dated 25.07.2019 rendered by a three-member Arbitral tribunal, pursuant to arbitration conducted under the UNCITRAL Arbitration Rules. The decree holder (DH) seeks enforcement of only one of the reliefs granted under the award, but has reserved its right to file a separate petition for enforcement of the remaining reliefs.

2. At the outset, learned counsel for the DH submits that the enforcement of the award is primarily sought against judgment debtor (JD)nos.1 to 3, who were respondents before the Tribunal. He submits that while the JD no. 4/ National Bank of Yemen and JD no.5/State Bank of India, who had issued the original bank guarantees and counter bank guarantees respectively, have been arrayed as JDs in the present petition, they are necessary parties for enforcement of the relief sought herein but may not be treated as JDs while disposing the present petition. He further submits that prior to the pronouncement of the award, the DH had sought interim stay on invocation of the subject bank guarantees by filing a petition under Section 9 of the Act being OMP (I)(COMM)235/2019, wherein this Court, on 26.07.2019, had directed the JDs to keep these bank guarantees alive. However, now that enforcement of the award itself is being sought, the DH undertakes to forthwith withdraw this Section 9 petition by moving an appropriate application, so that the matter of withdrawal can be taken up before 30.06.2020, i.e., the date on which the bank guarantees expire, in order to circumvent the necessity of extending them any further.

3. After notice was issued in the present petition on 03.09.2019, the JD nos.1 to 3, situated in the Republic of Yemen, were served through the Ambassador of Yemen in India, as also at their e-mail addresses as reflected in the award. An affidavit of service in this regard was filed by the DH, however since none appeared on their behalf or that of JD no.4, which is also located in Yemen, on 19.06.2020 this Court again directed the DH to serve them through email. The DH has, after serving them through e-mail, filed another affidavit of service along with an affidavit under Section 65B of the Indian Evidence Act, 1872, from which it transpires that JD nos.1 to 4 have been served through email. Today, as none appears on their behalf despite the matter being passed over, the present petition has been taken for final hearing.

4. This petition arises out of a contract dated 28.12.2010, which was awarded by JD nos.1 & 2 to the DH for design, supply and installation of 132 KV Transmission Overhead Line from Dhamar Substation to Hizyaz substation in Sana’a, Yemen and re-routing of the existing 132 KV Overhead Line Double Circuit Dhamar/Taiz in & out of the new substation at Yarim, Yemen. When the contract was being awarded, the DH was required to issue bank guarantees for a sum of USD 1,701,553/- in favour of JD no.1. The DH, therefore, requested State Bank of India (arrayed as JD no.5) to issue counter bank guarantees for the aforesaid sum of USD 1,701,553/-. The State Bank of India also issued four counter bank guarantees, viz. bank guarantee no. 0480310FG0015185 dated 12.11.2010 and bank guarantee nos. 0480310FG0015267, 0480310FG0015268 and 0480310FG0015266 all dated 03.12.2010, based on which the National Bank of Yemen issued four bank guarantees bearing no. L/G NB33/94/2010 dated 25.12.2010 and L/G NB33/95/2010, L/G NB33/96/2010 and L/G NB33/97/2010 all dated 08.12.2010, in favour of the JD no.1. In September, 2014 when the DH had completed about 60% of the work, a Civil War arose in Yemen leading to extensive loss of life and property in the country. Consequently, the DH, vide its letter dated 04.06.2015, terminated the contract. The DH then invoked arbitration for recovery of the balance amount payable for the work already done. The JD nos.1 to 3 duly participated in the arbitration proceedings, which were held in Cairo, Egypt and also filed a statement of defence which led to an award being passed in favour of the DH on 25.07.2019 in the following terms:

“1. The Arbitral Tribunal hereby declares that Claimant has validly terminated the Contract and is therefore released from any obligation(s) to perform any work(s) under the Contract.

2. The Arbitral Tribunal hereby declares that Respondents were and are not entitled under the Contract to draw down on the bank guarantees provided by Claimant and issued in their favour by the National Bank of Yemen, namely Performance Security No L/G NB/33/94/2010 dated 25 December 2010 for an amount of USD 1,701,553.00; Advance Payment Security No L/G NB33/95/2010 dated 8 December 2010 for an amount of USD 1,167,311.00; Advance Payment Security No LIG NB33/96/2010 dated 8 December 2010 for an amount of USD 7,610.00; Advance Payment Security No LIG NB33/97/2010 dated 8 December 2010 for an amount of USD 526,632.00.

3. Respondents are ordered not to draw down on the bank guarantees referred to in point 2. of this dispositive section, and to cancel such bank guarantees by either (i) presenting them to the National Bank of Yemen and/or to the State Bank of India, or (ii) sending a written statement of release from liability under such bank guarantees to the National Bank of Yemen and to the State Bank of India; and to send a copy of such letter to Claimant.

4. The Arbitral Tribunal hereby declares that Respondents are not entitled to an extension of the bank guarantees referred to in in point 2. of this dispositive section.

5. The Arbitral Tribunal hereby declares that Claimant's set-off of USD 637,616 against the remaining Advance Payment of USD 637,616 was valid.

6. Respondents are ordered to pay to Claimant USD 2,662,577.60.

7. The Arbitral Tribunal hereby declares that Respondents are obligated to pay to Claimant all costs incurred by Claimant for any extensions of the bank guarantees referred to in point 2. of this dispositive section after the date of this award until the date when any legal proceedings challenging this award have been finally terminated (upholding the award) or the statutory deadline for filing a challenge of the award has expired.

8. Respondents are ordered to pay interest on USD 2,662,577.60 at the rate of 5% per year running from the date of this arbitral award until final payment of this sum.

9. The decision on Claimant's claim for the un-invoiced items is reserved.

10. The decision on Claimant's claims

"to order Respondents to pay to Claimant any damages, costs and expenses (including but not limited to legal fees and expenses) incurred by Claimant should Respondents draw on the bank guarantees referred to in paragraph (c) during the course of this arbitration"

And

"to order Respondents to pay to Claimant [. . .} all additional costs incurred by Claimant for the extensions of the bank guarantees from the date of Claimant's termination of the Contract (4 June 201 5) until the date of the final award' is reserved.

11. The decision on costs is reserved.

12. All other Claimant's claims, i.e. "to declare that the award will be provisionally enforceable; And "to grant Claimant such other and further relief as the Tribunal deems appropriate under the circumstances" are dismissed.

13. The Arbitral Tribunal will issue in due course a Procedural Order for the further proceedings related to those Claimant's claims that are reserved as above and Respondents' counterclaims.

5. Thus under the award, the Arbitral Tribunal, besides directing the JD nos.1 to 3 to pay a sum of USD 2,662,577.60 and USD 637,616/- along with interest @ 5% per annum after declaring that they were not entitled to invoke any of the four bank guarantees, also directed them not to encash the bank guarantees in their possession. In fact, a specific direction was given to the JD nos.1 to 3 to cancel the bank guarantees by presenting them to the National Bank of Yemen and/or to the State Bank of India and to give a written intimation to these banks, along with a copy to the DH, regarding their release from liability under the said bank guarantees.

6. In support of the present petition, learned counsel for the DH submits, by drawing my attention to the statement of defence filed by the JD nos.1 to 3 before the Tribunal, that as per their own stand these bank guarantees did not need to be extended and it is on this very ground that they refused to return the bank guarantees - that these bank guarantees were no longer enforceable as they had already expired. He submits that although the JD nos.1 to 3 do not have any assets within the jurisdiction of this Court, the subject bank guarantees were issued by the National Bank of Yemen on the basis of four counter bank guarantees issued by the State Bank of India, which is situated in Delhi within the jurisdiction of this court. He submits that, therefore, the DH has approached this Court only for enforcement of the relief qua the bank guarantees, and reserves its right to seek enforcement of the other reliefs under the award dated 25.06.2019 before the appropriate Court.

7. In accordance with Section 47 of the Act, the DH has filed a duly authenticated copy of the award as also of the contract dated 28.12.2010 which contains the arbitral clause in para 46.5 thereof. As noted hereinabove, the award dated 25.07.2019 was rendered in an adhoc arbitration conducted in Cairo, Egypt under the revised UNCITRAL Rules of Arbitration by a three-member Arbitral tribunal comprising of Dr. Anke C. Sessler, Ms. Rabab Yasseen and Hon. Prof. Dr. Andreas Reiner. In the light of the facts noted hereinabove, it is evident that the award sought to be enforced is a foreign award. In terms of the scheme under the Act, once a petition seeking enforcement of the foreign award is filed, it is open for a party opposing the enforcement to file objections in terms of Section 48 of the Act. As noted hereinabove, the JD nos.1 to 3 despite having been repeatedly served, have neither appeared before this Court nor filed any objections under Section 48 of the Act. In these circumstances, when the judgment debtors have not filed any objections to the present petition and the DH fulfils the requirement under Section 47 of the Act, there is no reason to decline enforcement of the award

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with respect to the reliefs sought in this enforcement petition. 8. At this stage, it may be noted that the State Bank of India is duly represented through counsel and has confirmed the fact that the National Bank of Yemen has till date not called upon them for encashment of any of the four counter bank guarantees 9. Accordingly, the enforcement petition is allowed and it is declared that in accordance with the award, the counter bank guarantees issued by the State Bank of India being Nos. 0480310FG0015185 dated 12.11.2010 and 0480310FG0015267, 0480310FG0015268 and 0480310FG0015266 all dated 03.12.2010 and the bank guarantees issued by National Bank of Yemen being L/G NB33/94/2010 dated 25.12.2010 and L/G NB33/95/2010, L/G NB33/96/2010 and L/G NB33/97/2010 all dated 08.12.2010 will no longer be enforceable and should be treated as cancelled. The State Bank of India is further directed to return the bank guarantees issued by National Bank of Yemen being L/G NB33/94/2010 dated 25.12.2010 and L/G NB33/95/2010, L/G NB33/96/2010 and L/G NB33/97/2010 all dated 08.12.2010. 10. The petition along with pending applications is disposed of in the above terms.
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