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19 May 2021 | Kuber Enterprises v. Doosan Power Systems India Private Ltd. | OMP (I) (COMM) 158 of 2021 | Vibhu Bakhru J
Kuber applied to the court under Section 9 ACA asking for an injunction against the invocation of a bank guarantee. Its case rested on “special equities”, which it suggested had arisen in its favour because the respondent did not join the pre-arbitration dispute resolution process.
Rejecting the application, the court ruled that the expression “special equities” is not nebulous. It means peculiar or special circumstances which result in irretrievable injustice. These must be specially pleaded. Also, mere contractual disputes do no give rise to “special equities.”
Access the judgement here.