Supreme Court of India

M/s Gangotri Enterprises Ltd. v. Union of India & Ors.

Neutral citation
Reported as [2016] 2 S.C.R. 1074
Bench Jasti Chelameswar J.
Decided 5 May 2016

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.

2 Supreme Court benches have cited this judgment.

What the Court ordered

We hold that the appellants have made out a primafacie case in their favour for grant of injunction against the respondents so also they have made out a case of balance of convenience and irreparable loss in their favour as was held by this Court in the case of Union of India (DGS&D) (supra).

Judgment, page 14

From the headnote

Arbitration and Conciliation Act, 1996 ·- s. 9 - Bank guarantee - Encashment - Injunction against - Award of two contracts by Railway Department to Contractor - Termination of the first contract for non-completion of work-As regards second contract, contractor on its completion asked for return of Bank guarantee - However. Railway Department sought encashment of Bank Guarantee - Invocation of arbitration clause by Contractor - Application uls. 9 by contractor seeking injunction against the Department from encashing Bank Guarantee - Dismissed by the courts below - On appeal, held: Arbitration

Where later benches applied it

Of those, 1 referred to · 1 mentioned

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