Public Works Department Got of Maharashtra National Highways v. Khare and Tarkunde Infrastructure Pvt. Ltd.
Case brief
What is this about?
Interim compliance order — Government petitioner asserts no procedure to issue bank guarantees to secure a stayed arbitral award dated 14-04-2023 (PWD, Govt. of Maharashtra, National Highway Division v. Khare and Tarkunde Infrastructure, Bombay HC, Somasekhar Sundaresan J., 06-02-2025); Court holds submission untenable and rules out alternatives; extends bank-guarantee deadline to 07-03-2025 with cash-deposit fallback including interest up to 06-02-2025; compliance reporting and possible vacation of ad-hoc stay listed for 10-03-2025; Case Management Hearing subject to deposit; Section 34, Arbitration and Conciliation Act, 1996; ARBP Nos. 262-264 of 2024 with Interim Applications (L).
What did the court decide?
Interlocutory compliance directions: time to furnish the bank guarantee extended to March 7, 2025 as a pure indulgence; failing which cash deposit for the corresponding amount, inclusive of interest computed until February 6, 2025; matter listed on March 10, 2025 to report compliance, with possible vacation of the ad-hoc stay if the deposit is not made; Case Management Hearing thereafter subject to deposit.