In Brief
Ultratech Cement and Rajasthan Rajya Vidyut Utpadan Nigam Limited had an agreement for the supply of fly ash. After an interim injunction was sought under Section 9 of the Arbitration and Conciliation Act, 1996, an arbitral award was pronounced at Rs.245 per metric tonne, lower than the Section 9 interim rate of Rs.250. The Supreme Court held that Section 9 proceedings survive after the arbitral award if the original prayer extended till enforcement under Section 36. The Court directed payment at the arbitral award rate (Rs.245) pending determination of Section 34 proceedings, with adjustment if the award is subsequently modified.
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