Supreme Court of India

M/s Bses Ltd. (now Reliance Energy Ltd.) v. M/s Fenner India Ltd: and Anr.

Neutral citation
Reported as [2006] 2 S.C.R. 47
Bench H.K. Sema J.
Decided 3 February 2006

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

What the Court ordered

Accordingly, we are prima facie not satisfied that performance had G been duly and satisfactorily certified.

Judgment, page 12

From the headnote

Arbitration and Conciliation Act, 1996-Section 9-Appellant and respondent entering into a Wrap Around under which respondent agreed to perform its four contracts on a turnkey basis-Respondent submitted to the appellant four unconditional and irrevocable bank guarantees as per the agreement-Encashment of bank guarantees by the appellant for non­ performance of contractual obligations-Respondent filing a petition before trial court seeking a declaration that the appellant was not entitled to invoke bank guarantees and interim injunction restraining the appellant from encashing the bank

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