G S Express Pvt. Ltd. Vs Land Port Authority of India & Ors. — Arbitration | Delhi HC (2025)

G S Express Pvt. Ltd. Vs Land Port Authority of India & Ors. — Arbitration | Delhi HC (2025)

What the court decided

AI extract

Outcome

No substantive relief; petition disposed of as withdrawn with liberty to attempt conciliation between the parties; parties directed to make sincere efforts towards conciliation; no interim restraint ordered on encashment of the bank guarantee; Court expressed no opinion on merits and left all rights and contentions open.

Issue for consideration

Whether the Petitioner could restrain the Respondents, under Section 9 of the Arbitration and Conciliation Act, 1996, from encashing Performance Bank Guarantee No. 07211GP241044426 dated 28.03.224 for a sum of Rs. 2,16,22,950/-; the question was left undecided as the petition was withdrawn with the merits expressly left open.

Court's answer

Petition is disposed of as withdrawn, with the petitioner free to attempt conciliation between the parties.

Ratio / Principle

Exemption application I.A. 12853/2025 allowed subject to all just exceptions and stands disposed of.

Key takeaways

Parties are to make sincere efforts towards conciliation of the disputes.ratio¶23
The Court has not expressed any opinion on the merits of the case and all rights and contentions of the parties are left open.ratio¶23

Detailed headnote1 paragraphs

O.M.P.(I)(COMM.) 187/2025 — G S EXPRESS PVT LTD v. LAND PORT AUTHORITY OF INDIA & ORS. (High Court of Delhi, Jyoti Singh, J., 20.05.2025): Petition under S.9 of the Arbitration and Conciliation Act, 1996 seeking to restrain the Respondents from encashing Performance Bank Guarantee No. 07211GP241044426 (dated 28.03.224 as printed) for Rs. 2,16,22,950/- was not adjudicated. Respondent No. 1 indicated (on instructions) a wish to explore conciliation before recourse to arbitration; petitioner's counsel had no objection and sought withdrawal with liberty to attempt conciliation. The Court disposed of the petition as withdrawn, directed the parties to make sincere efforts towards conciliation of the disputes, expressly refrained from expressing any opinion on the merits, and left all rights and contentions open. Exemption application I.A. 12853/2025 was allowed subject to all just exceptions and disposed of.

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IN THE HIGH COURT OF DELHI AT NEW DELHI

- O.M.P.(I) (COMM.) 187/2025

G S EXPRESS PVT LTD .....Petitioner

Through: Mr. Rajiv Nayar, Senior Advocate with Mr. Saurabh Seth, Mr. Pratham Mehrotra, Mr. Prabhav Bahuguna, Ms. Neelampreet Kaur and Mr. Abhi Roop Rathore, Advocates.

versus

LAND PORT AUTHORITY OF INDIA & ORS. .....Respondents Through: Mr. Siddharth, Mr. Prateek Goyal and Mr. Harshil M., Advocates for R-1.

CORAM:

HON'BLE MS. JUSTICE JYOTI SINGH

O R D E R

% 20.05.2025

I.A. 12853/2025 (Exemption)

Allowed, subject to all just exceptions.

Application stands disposed of.

O.M.P.(I) (COMM.) 187/2025

This petition is filed on behalf of the Petitioner under Section 9 of Arbitration and Conciliation Act, 1996 (‘1996 Act’) inter alia restraining the Respondents from encashing Performance Bank Guarantee bearing No. 07211GP241044426 dated 28.03.224 for a sum of Rs. 2,16,22,950/-.

Learned counsel, appearing on advance copy of the petition, on behalf of Respondent No. 1 submits, on instructions, that the said Respondent wishes to explore the possibility of conciliation between the parties before taking recourse to arbitration.

O.M.P.(I) (COMM.) 187/2025

Page 1 of 2

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 16:25:00

Mr. Rajiv Nayar, learned Senior Counsel for the Petitioner, on instructions, has no objection to this course of action and seeks to withdraw the petition with liberty to attempt conciliation between the parties.

Petition is disposed of as withdrawn.

Parties will make sincere efforts towards conciliation of the disputes. 8. It is made clear that this Court has not expressed any opinion on the merits of the case and all rights and contentions of the parties are left open.

JYOTI SINGH, J

MAY 20, 2025/ RW

O.M.P.(I) (COMM.) 187/2025

Page 2 of 2

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 16:25:00