The Court disposed of interim applications regarding the return of a fixed deposit receipt. Finding that no arbitral proceedings were pending, the Court held that previous directions to hold the deposit could no longer bind the respondents.
Direction to return the receipt of the fixed deposit to the respondent.
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$~O-60 to O-62
.....Petitioner Through: Dr.Amit George and Mr.Shashwat Kabi, Advocates. versus
GE POWER INDIA LIMITED & ANR.
.....Respondent Through: Mr.Abhijeet Swaroop, Mr.Akshay and Ms.Megha, Advocates for R-1. O-62 + O.M.P.(I) (COMM.) 8/2024
.....Petitioner Through: Dr.Amit George and Mr.Shashwat Kabi, Advocates.
versus
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GE POWER SYSTEMS INDIA PRIVATE LIMITED & ANR. .....Respondents Through: Mr.Abhijeet Swaroop, Mr.Akshay and Ms.Megha, Advocates for R-1.
CORAM:
HON’BLE MR. JUSTICE PURUSHAINDRA KUMAR KAURAV
O R D E R % 22.04.2025
I.A. 6521/2025 in O.M.P.(I) (COMM.) 6/2024 I.A. 6581/2025 in O.M.P.(I) (COMM.) 7/2024 I.A. 6524/2025 in O.M.P.(I) (COMM.) 8/2024
This is a digitally signed order. 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 25/04/2025 at 11:04:42
there exist no arbitral proceedings pending before the AT, and therefore, the directions passed by this Court on 08.01.2024 cannot bind the respondents to continue with the same arrangement. The directions dated 08.01.2024 were essentially meant to operate till the final disposal of the proceedings before the AT.
PURUSHAINDRA KUMAR KAURAV, J
APRIL 22, 2025 Nc/sp
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This is a digitally signed order.
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 25/04/2025 at 11:04:42
2 issues framed by the court
Whether the Court should direct the return of a fixed deposit receipt when no arbitral proceedings are pending despite previous court directions.
Whether directions passed to continue an arrangement conditioned upon pending arbitral proceedings remain binding once such proceedings are terminated.
MECWEL CONSTRUCTIONS PRIVATE LIMITED
GE POWER SYSTEMS INDIA PRIVATE LIMITED
GE POWER INDIA LIMITED
Purushaindra Kumar Kaurav
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
