Disposed¶19

Mts Minerals Private Limited v. Ofb Tech Private Limited & Anr.

Delhi HC14 Nov 2025O.M.P.(I) (COMM.)/473/2025

Case brief

AI extract

What is this about?

High Court of Delhi; O.M.P.(I) (COMM.) 473/2025; MTS Minerals Private Limited v. OFB Tech Private Limited & Anr.; Justice Jasmeet Singh; order dated 14.11.2025; Section 9 interim injunction; bank guarantee no.02938GOPG2507001 dated 12.03.2025; encashment of bank guarantee; petition infructuous as guarantee already encashed; liberty reserved to agitate issues before Arbitral Tribunal; advocates Sameer Abhyankar (respondents); digitally signed DHC order downloaded 21/11/2025.

What did the court decide?

Injunctive prayers not granted; petition disposed of as infructuous, with liberty to the petitioner to agitate all issues before the Arbitral Tribunal as and when constituted. ¶19

Mts Minerals Private Limited Vs Ofb Tech Private Limited & Anr. — Delhi HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Injunctive prayers not granted; petition disposed of as infructuous, with liberty to the petitioner to agitate all issues before the Arbitral Tribunal as and when constituted.

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Issue for consideration

Whether an injunction should be issued restraining respondent no.1 from obtaining any payment with respect to, and restraining respondent no.2 bank from making payment under, bank guarantee no.02938GOPG2507001 dated 12.03.2025, till completion of the arbitral proceeding initiated pursuant to the arbitration clause contained in the said contract (with an alternative prayer that respondent no.1 furnish an irrevocable bank guarantee in favour of the petitioner for Rs.12,50,000,00/-).

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Court's answer

Since the prayer cannot be granted (counsel for respondents having stated that the bank guarantee had already been encashed and the amounts received by the respondents), the petition had become infructuous and was disposed of, granting the petitioner liberty to agitate all issues before the Arbitral Tribunal as and when constituted.

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Detailed headnote1 paragraphs

Arbitration - interim relief (Section 9): Petition by MTS Minerals Private Limited under Section 9 (O.M.P.(I) (COMM.) 473/2025) sought injunctions restraining respondent no.1 (OFB Tech Private Limited) from obtaining payment, and respondent no.2 bank from making payment, under bank guarantee no.02938GOPG2507001 dated 12.03.2025 till completion of arbitral proceedings under the contract's arbitration clause; alternatively, that respondent no.1 furnish an irrevocable bank guarantee in favour of the petitioner for Rs.12,50,000,00/-. Counsel for the respondents, appearing on advance notice, stated that the bank guarantee had already been encashed and the amounts received by the respondents. Holding the prayer incapable of being granted, the Court found the petition infructuous and disposed it of, granting the petitioner liberty to agitate all issues before the Arbitral Tribunal as and when constituted. (Jasmeet Singh, J.; 14.11.2025)

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$~63

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* IN THE HIGH COURT OF DELHI AT NEW DELHI + O.M.P.(I) (COMM.) 473/2025 MTS MINERALS PRIVATE LIMITED

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.....Petitioner Through: Mr. Mp Sahay,Mr. Lalit Baid, Mr. Sidhartha Das, Mr. Kartik Jindal, Ms. Yaman Verma, Ms. Chitra Chanda, Mr. Kartik Virmani, Advs.

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versus

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OFB TECH PRIVATE LIMITED & ANR.

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.....Respondents Through: Mr. Sameer Abhyankar, Mr. Aryan Srivastava, Mr. Krishna Rastogi, Ms. Arushi Chopra, Advs.

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CORAM: HON'BLE MR. JUSTICE JASMEET SINGH O R D E R % 14.11.2025

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This is a petition filed under Section 9 seeking the following reliefs against the respondents:

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a) An order of injunction restraining the respondent no.1 from obtaining any payment with respect to bank guarantee being no.02938GOPG2507001 dated 12.03.2025 drawn on the respondent no.2 bank till the completion of arbitral proceeding initiated pursuant to arbitration clause contained in the said contract;

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b) An order of injunction restraining the respondent no.2 from making payment in respect of bank guarantee being no.02938GOPG2507001 dated 12.03.2025 drawn on the

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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 21/11/2025 at 12:32:48

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respondent no.2 Bank in favour of respondent no.1 till completion of the arbitral proceeding initiated pursuant to arbitration clause contained in the said contract;

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c) In the alternative and in the event if the prayers (a) and (b) are not granted, an order directing the respondent no.1 to furnish before this Hon’ble Court an irrevocable bank guarantee in favour of the petitioner for a sum of Rs.12,50,000,00/- till completion of arbitral proceeding initiated pursuant to arbitration clause contained in the ‘Said Contract’;

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d) Ad-interim order in terms of prayer (a), (b) and (c) above;

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e) Cost of and/or incidental be borne by the respondent no.1;

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f) Such other and/or further order or orders be passed, direction or directions be given as this Hon’ble Court may deem fit and proper;

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Mr. Abhyankar, learned counsel for the respondents, appears on advance notice and states that petition has become infructuous as the bank guarantee has already been encashed and the amounts have already been received by the respondents.

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For the said reasons, since the prayer cannot be granted, the petition has become infructuous and disposed of granting liberty to the petitioner to agitate all issues before the Arbitral Tribunal, as and when constituted.

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JASMEET SINGH, J

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NOVEMBER 14, 2025/sp

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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 21/11/2025 at 12:32:48

Mts Minerals Private Limited v. Ofb Tech Private Limited & Anr.

Case brief

What is this about?

What did the court decide?

Mts Minerals Private Limited v. Ofb Tech Private Limited & Anr.

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

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