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september 2015

Supreme Court of India · 2015-09-21

M/S Tbea Shenyang Transformers ... vs M/S Alstom Projects India Ltd

Citation / case number
AIRONLINE 2015 SC 297
Court
Supreme Court of India
Petitioner
M/S Tbea Shenyang Transformers ...
Respondent
M/S Alstom Projects India Ltd
Author
Anil R. Dave
Bench
Anil R. Dave

Judgment text excerpt

The Supreme Court addressed a petition under Section 11(6) of the Arbitration and Conciliation Act, 1996, seeking the appointment of an arbitrator due to a dispute over the invocation of a bank guarantee related to a contract for the supply of transformers. The Court held that the invocation of the bank guarantee without prior intimation constituted a breach of contract, thus establishing that a dispute existed warranting arbitration. The petition was allowed, and an arbitrator was appointed to resolve the matter.

M/S Tbea Shenyang Transformers ... vs M/S Alstom Projects India Ltd · Niyam