Voltas Ltd v. Ntpc Bhel Power Projects Pvt Ltd & ANR.

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ O.M.P.(I) (COMM.) 132/2025, I.A. 9627/2025 VOLTAS LTD .....Petitioner Through:

Mr. Ankur Sood, Mr. Dhaman Trivedi, Ms. Romila Mandal, Mr. Prajwal Suman Advs.

versus NTPC BHEL POWER PROJECTS PVT LTD & ANR.

.....Respondents Through:

Mr Puneet Taneja, Sr Adv. with Mr. Manmohan Singh Narula, Mr. Amit Yadav, Mr. Anil Kumar, Advs.

CORAM:

HON'BLE MR. JUSTICE JASMEET SINGH

O R D E R

% 29.10.2025 1.

This is a petition filed under Section 9 of the Arbitration and Conciliation Act, 1996 ("1996 Act") seeking the following interim reliefs against the respondent:- "a. Direct the Respondents to refrain from taking any coercive steps against the Petitioner in respect of the subject matter of the dispute; b. Restrain the Respondent No. 1 from encashing the Bank Guarantees furnished by the Petitioner, being BG No .

0999510BG0000944 dated 13.04.2010 for an amount of Rs. 7,34,675/ - issued by State Bank of India, Corporate Accounts Group, Ballard Estate, Mumbai and BG No. 0999511BG0001677 dated 19.07.2011 for an amount of Rs. 50,37,215/- issued by State The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 03/11/2025 at 15:11:12

Bank of India, Corporate Accounts Group, Ballard Estate, Mumbai; c. Pass Ex parte ad interim orders in terms of the above prayers; and/or"

2.

An Arbitrator has been appointed in the connected arbitration petition filed under Section 11(6) of the 1996 Act being ARB.P. 1196/2025 vide order dated 29.10.2025. Hence, the present petition shall be treated as an application under Section 17 of the 1996 Act and shall be adjudicated by the learned Arbitrator so appointed in accordance with the law. 3.

Vide order dated 15.04.2025, the Court restrained the respondents from encashing the said Bank Guarantees being No. 0999510BG0000944 and No. 0999511BG0001677. The said order shall continue till the application under Section 17 of the 1996 Act is decided by the learned Arbitrator.

4.

All contentions of the respondents including that the respondents are entitled to encash the said Bank Guarantees are left open to be urged before the learned Arbitrator and the learned Arbitrator shall not be bound by the observations in the order dated 15.04.2025 as the same were ex-parte prima facie observations.

5.

The petition is disposed of accordingly.

JASMEET SINGH, J OCTOBER 29, 2025/DM The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 03/11/2025 at 15:11:12