Thus adverting to the above principles of law in their applicability to the facts of the present case, in my opinion, the petitioner has clearly made out a prima facie case for the relief, that the ONGC needs to deposit the undisputed invoice amounts in this Court pending the arbitral proceedings. There cannot be any justification for the ONGC to withhold such amount and more particularly on the premise that it has a claim of unliquidated damages against the petitioner on account of the incident which had taken place on 1 September 2019. The damages so claimed by the ONGC are certainly neither admitted nor ascertained in a manner known to law. {Para 27}
IN THE HIGH COURT OF BOMBAY
Commercial Arbitration Petition No. 135 of 2022
Decided On: 06.06.2022
Ocean Sparkle Limited Vs. Oil and Natural Gas Corporation Ltd. and Ors.
Hon'ble Judges/Coram:
G.S. Kulkarni, J.
Citation: MANU/MH/1776/2022
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