In Brief
Ultratech Cement Limited and Rajasthan Rajya Vidyut Utpadan Nigam Limited entered into a 10-year agreement allowing free fly ash supply for five years, after which commercial rates apply. When the respondent invited tenders to determine fly ash prices, Ultratech sought interim protection under Section 9 of the Arbitration and Conciliation Act. The Supreme Court held that Section 9 interim measures survive after an arbitral award is pronounced until the award is enforced under Section 36. Pending Section 34 proceedings challenging the award, Ultratech must pay Rs. 245 per metric tonne per the arbitral award, with adjustments if the award is modified or set aside.
The lawyer headnote and full judgment text are available to registered users.