M/S. Industrial Laminates Indi v. the General Manager
Case brief
What is this about?
In an arbitration application, the High Court of Madras declined interim relief to restore an encashed bank guarantee, finding no case for fraud. The court directed the Railway to appoint an arbitrator within four weeks and granted liberty to seek further interim relief before the Tribunal. (Quality: thin)
What the court decided
1
IN THE HIGH COURT OF JUDICATURE AT MADRAS
(ORDINARY ORIGINAL CIVIL JURISDICTION)
MONDAY, THE 18th DAY OF DECEMBER 2017
THE HON'BLE DR. JUSTICE ANITA SUMANTH
A. No.7438 of 2017
In the matter of Arbitration between Industrial Laminates India Pvt. Ltd., and Southern Railway in respect of disputes under Purchase Order dated 07.03.2016 bearing No.04/15/ 0706/1/05363.
M/s.Industrial Laminates India Pvt. Ltd., Survey No.13, Village Aghai, Taluka Shanpur, District Thane, Maharashtra-421 301. ... Applicant
-Versus-
- The General Manager, Southern Railways, Ayanavaram, Chennai-600 023.
- The Office of the Principal Chief Material Manager (CMM), (Formerly the Office of the Controller of Stores), Southern Railways, Ayanavaram, Chennai-600 023.
Issues for consideration
2 issues framed by the court
Whether interim relief is available to set aside the encashment of a bank guarantee absent demonstrated fraud or egregious circumstances.
Whether the Railway is directed to comply with the demand for appointment of an arbitrator within four weeks.
Parties & counsel
- applicant
M/s.Industrial Laminates India Pvt. Ltd.
- respondent
The General Manager, Southern Railways
- respondent
The Office of the Principal Chief Material Manager
- respondent
M/s.Saraswat Co-operative Bank Ltd.
Coram
Case details
As recorded by the court registry
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