VidhiSangh

Supreme Court of India · 19/09/2022

SEPCO ELECTRIC POWER CONSTRUCTION CORPORATION versus POWER MECH PROJECTS LTD.

[2022] 7 S.C.R. 343 · 2022 INSC 981

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Summary

An arbitral award of about Rs. 142 crore was made in favour of Power Mech, an Indian sub-contractor, against SEPCO, a Chinese contractor on Indian power projects. SEPCO challenged it under Section 34 and applied for stay under Section 36(2), and Power Mech then applied under Section 9 for security. The Delhi High Court decided the Section 9 application first and directed SEPCO to deposit the full Rs. 142 crore principal. Enforcement was stayed on that deposit. The Supreme Court dismissed SEPCO's appeals. No rule requires the earlier application to be heard first, and the two applications share common considerations. Section 9 empowers securing the amount in dispute after an award, guided by but not bound by Orders 38 and 39 CPC. With a large award and no cogent prima facie ground against it, the deposit order was within power.

Issues

  1. Whether the High Court could decide the award-holder's later Section 9 application before the award-debtor's earlier Section 36(2) stay application
  2. Whether the High Court could direct deposit of the entire principal awarded as an interim measure under Section 9 after the award, pending the Section 34 challenge

Provisions considered

Held

Result

Appeals dismissed. The direction to deposit the awarded principal as security was upheld, and the High Court was requested to decide the Section 34 petitions preferably within three months.

Judgment PDF: Supreme Court of India, [2022] 7 S.C.R. 343.