VidhiSangh

Supreme Court of India · 30/11/2018

NHPC LIMITED versus M/S PATEL ENGINEERING LIMITED

[2018] 14 S.C.R. 1101 · 2018 INSC 1124

AI-generated headnote. Verify against the judgment before relying on it. Paragraph numbers refer to the judgment.

Summary

The Supreme Court set aside a post-award order directing payment against a bank guarantee because the arbitral award had subsequently been set aside by the commercial court. That development removed the basis of the interim order. The Court did not decide whether the High Court originally exceeded its Section 9 jurisdiction or improperly acted before the award-challenge period expired. Rights concerning the challenge to the award remained open.

Issues

  1. What effect the subsequent setting aside of the award had on a post-award interim payment order.
  2. Whether the Supreme Court needed to decide the objections to the original interim order’s jurisdictional basis.

Held

Result

Civil appeal disposed of without costs. High Court’s order dated 22 August 2016 set aside because its supporting award had been set aside; underlying rights and contentions preserved.

Judgment PDF: Supreme Court of India, [2018] 14 S.C.R. 1101.