Disposed

Mecwel Constructions Private Limited v. Ge Power Systems India Private Limited & Anr.

Delhi HC8 Jan 2024O.M.P.(I) (COMM.)/6/2024

Case brief

AI extract

What is this about?

The High Court directed the return of the fixed deposit receipt furnished by the respondent during arbitrator appointment, holding that the directions were intended to operate only till the final disposal of proceedings. Since the Arbitral Tribunal had terminated the proceedings, the court could not bind the respondents to continue the arrangement, though it left the petitioner free to seek simila

What did the court decide?

Direction to return fixed deposit receipt to respondent disposed.

Mecwel Constructions Private Limited Vs Ge Power Systems India… — Arbitration | Delhi HC (2024)

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$~O-60 to O-62

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- O.M.P.(I) (COMM.) 6/2024 MECWEL CONSTRUCTIONS PRIVATE LIMITED

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.....Petitioner Through: Dr.Amit George and Mr.Shashwat Kabi, Advocates. versus

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GE POWER SYSTEMS INDIA PRIVATE LIMITED & ANR.

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.....Respondents Through: Mr.Abhijeet Swaroop, Mr.Akshay and Ms.Megha, Advocates for R-1.

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O-61 + O.M.P.(I) (COMM.) 7/2024 MECWEL CONSTRUCTIONS PRIVATE LIMITED

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.....Petitioner Through: Dr.Amit George and Mr.Shashwat Kabi, Advocates. versus

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GE POWER INDIA LIMITED & ANR.

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.....Respondent Through: Mr.Abhijeet Swaroop, Mr.Akshay and Ms.Megha, Advocates for R-1. O-62 + O.M.P.(I) (COMM.) 8/2024 MECWEL CONSTRUCTIONS PRIVATE LIMITED .....Petitioner Through: Dr.Amit George and Mr.Shashwat Kabi, Advocates. versus

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This is a digitally signed order.

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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 01/07/2025 at 16:20:59

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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.

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CORAM:

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HON’BLE MR. JUSTICE PURUSHAINDRA KUMAR KAURAV

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O R D E R % 22.04.2025

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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

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Heard learned counsel appearing on behalf of the parties on the aforesaid applications.

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It be noted that vide order dated 08.01.2024, while appointing the Arbitral Tribunal (AT), the Court has passed certain directions pending the final decision thereon. The AT, vide two separate orders dated 18.11.2024 and 24.02.2025 has terminated the proceedings, subject to certain directions to be passed by this Court, if any.

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Learned counsel appearing on behalf of the respondents submits that as on date, there are no arbitral proceedings pending before the AT, and therefore, the receipt of the fixed deposit be directed to be returned to the concerned respondent.

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The aforesaid submission is vehemently opposed by learned counsel for the petitioner, who contends that in terms of the liberty granted by the AT, the original petitioner is intending to take appropriate steps for restoration of the arbitral proceedings.

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The Court, however, is of the considered opinion that as on today,

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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 01/07/2025 at 16:20:59

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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.

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In any case, if the AT proceedings are directed to be restored, the petitioner shall be entitled to make a request for provisioning similar arrangement or to suggest any other modality.

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In view of the aforesaid, and having considered the overall facts and circumstances of the case, the Court directs the Registry to return the receipt of the fixed deposit to the respondent, as was furnished in terms of order dated 08.01.2024.

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Ordered accordingly.

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The instant applications stand disposed of.

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PURUSHAINDRA KUMAR KAURAV, J

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APRIL 22, 2025 Nc/sp

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Click here to check corrigendum, if any

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This is a digitally signed order.

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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 01/07/2025 at 16:20:59

Mecwel Constructions Private Limited v. Ge Power Systems India Private Limited & Anr.

Case brief

What is this about?

What did the court decide?

Mecwel Constructions Private Limited v. Ge Power Systems India Private Limited & Anr.

Case brief

What is this about?

What did the court decide?

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