Jaiprakash Power Ventures Limited v. Ge Power India Limited & ANR.

$~46 * IN THE HIGH COURT OF DELHI AT NEW DELHI + FAO(OS) (COMM) 161/2025, CM APPL. 64348/2025 (Stay), CM APPL. 64349/2025 (Seeking permission to file lengthy synopsis and list of dates), CM APPL. 64350/2025 (Ex. from filing certified copies of annexures A-1 to A-21) & CM APPL. 64637/2025 (For withdrawal the present appeal) JAIPRAKASH POWER VENTURES LIMITED .....Appellant Through:

Mr. Anupam Lal Das, Senior Advoucate with Mr. Pawan Upadhyay and Mr. Rishab Khare, Advocates versus GE POWER INDIA LIMITED & ANR.

.....Respondents Through:

Mr.

Ajay Bhargava, Mr.

Thriyambak J. Kannan and Ms.

Phalguni Nigam, Advocates for R-1

CORAM:

HON'BLE MR. JUSTICE ANIL KSHETARPAL HON'BLE MR. JUSTICE HARISH VAIDYANATHAN SHANKAR

O R D E R

% 14.10.2025 1.

The present Appeal, under Section 37 of the Arbitration and Conciliation Act, 1996, read with Section 13 of the Commercial Court Act, 2015, assails the correctness of the Order dated 21.08.2025 in OMP (I) (COMM.) No. 303 of 2025, whereby the learned Single Judge restrained the Appellant from encashing the Performance Bank Guarantees furnished by Respondent No. 1.

2.

Learned Counsel for the parties pray for the disposal of the present Appeal in terms of the settlement dated 03.10.2025 arrived at between the parties. An application has been filed under Order XXIII 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 17/10/2025 at 12:03:10

Rule 1 of the Civil Procedure Code, 1908 ["CPC"], whereas in fact, the application should have been filed under Order XXIII Rule 3 of the CPC.

3.

Be that as it may, the original Deed of Settlement has also not been filed along with the application.

4.

During the course of the hearing, learned Counsel for the parties produced a signed copy of the Settlement Deed, which is taken on record and marked as Exhibit-C1. The Registry is directed to do the needful.

5.

At the joint request of learned Counsel for the parties, the present Appeal is disposed of in terms of the aforesaid Settlement Deed, which shall form part of the decree.

6.

Pending application(s), if any, also stand disposed of. ANIL KSHETARPAL, J HARISH VAIDYANATHAN SHANKAR, J OCTOBER 14, 2025/rk/rn/va 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 17/10/2025 at 12:03:10