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.