OIL AND NATURAL GAS CORPORATION LIMITED vs SWIBER OFFSHORE CONSTRUCTION PTE LIMITED

Judgment text excerpt

carbpl-17832-2026-J.doc Shabnoor IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION IN IT’S COMMERCIAL DIVISION SHABNOOR COMM ARBITRATION PETITION NO. 17832 OF 2026 AYUB PATHAN Oil and Natural Gas Corporation Digitally signed by Limited … Petitioner SHABNOOR AYUB PATHAN Date: 2026.06.15 V/s. 14:17:54 +0530 Swiber offshore Construction PTE Limited … Respondent Mr. Zubin Behramkamdin, Senior Advocate with Shreya Gupta, Abhijeet Sadikale, Sanjana Kattoor i/b Shardul Amarchand Mangaldas & Co., for the petitioner. Mr. Venkatesh Dhond, Senior Advocate with Vinodini Srinivasan, Ganesh Chandru, Siddhart Agrawal, Dharmesh S Jain, Shashwat Dhyani, & Arpita Tiwari i/b Anil T. Agarwal, for the respondent. CORAM : AMIT BORKAR, J. RESERVED ON : JUNE 11, 2026 PRONOUNCED ON : JUNE 15, 2026 JUDGMENT: 1. The present petition raises an issue concerning the scope of post award interim protection under Section 9 of the Arbitration and Conciliation Act, 1996. The petitioner, Oil and Natural Gas Corporation Limited (ONGC), seeks continuation and extension of a bank guarantee furnished by the respondent, Swiber Offshore Construction Pte. Limited (Swiber), pending adjudication of ONGC's challenge to the arbitral award dated 30 September 2025. 1 carbpl-17832-2026-J.doc 2. The petitioner, Oil and Natural Gas Corporation Limited (ONGC), is a Government company and also a Maharatna Public Sector Undertaking. It is doing work of finding, exploring and producing oil and natural gas at different places in India. The respondent, Swiber Offshore Construction Pte. Limited (Swiber), is a company incorporated in Singapore and was carrying on offshore construction activities. On 3 July 2010, ONGC and Swiber entered into a contract bearing No. MR/OW/MM/MHNRD-II/PL/08/2009 for exec