M/S Trimurthi Hitech Company Pvt. Ltd. v. M/S Trading Engineering (International) Ltd. And ANR.
$~32 * IN THE HIGH COURT OF DELHI AT NEW DELHI + O.M.P. (COMM) 338/2025 & I.A. 20787/2025 M/S TRIMURTHI HITECH COMPANY PVT. LTD. .....Petitioner Through:
Mr. Ramakrishnan Viraraghavan, Sr.
Adv. with Mr. K Krishna Kumar, Mr.
Sathya Ganesh, Mr Dhananjay Kumar, Advs.
versus M/S TRADING ENGINEERING (INTERNATIONAL) LTD. AND ANR.
.....Respondent Through:
Mr. Anirban Bhattacharya, Mr. Nipun Gautam, Mr. Rajeev Chowdhary, Ms.
Priyanka Bhatt, Advs. for R-1
CORAM:
HON'BLE MR. JUSTICE JASMEET SINGH
O R D E R
% 28.08.2025 1.
This is a petition filed under section 34 of the Arbitration and Conciliation Act, 1996 seeking to challenge the Award dated 11.01.2018 passed by the learned Sole Arbitrator. 2.
The respondent No. 2 is deleted from the array of parties as he is the learned Sole Arbitrator.
3.
It is stated that the respondent No. 1 is under CIRP and the moratorium under section 14 of the Insolvency and Bankruptcy Code, 2016 is in operation. Hence, in view of the judgment passed by the Hon'ble Supreme Court in P. Mohanraj v. Shah Bros. Ispat (P) Ltd., (2021) 6 SCC 258, the present petition will not lie.
4.
I have already taken a view while relying on P. Mohanraj (supra) in the judgment of "Ansal Properties and Infrastructure Ltd. v. Vistra 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 02/09/2025 at 12:35:43
Itcl (India) Ltd." in OMP. (COMM) 231/2025.
5.
For the said reasons, granting the liberty to the petitioner to avail its remedies as and when CIRP proceedings are finalised, the petition is disposed of.
6.
Additionally, the petitioner is also at liberty to raise all objections as permissible in law in the execution proceedings. 7.
Needless to add, the petitioner will be entitled to take the benefit of section 60(6) of the Insolvency and Bankruptcy Code, 2016. JASMEET SINGH, J AUGUST 28, 2025/sp 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 02/09/2025 at 12:35:43