Dismissed¶24

Focus Energy Ltd. & Ors. v. Gail (India) Limited & Ors.

Delhi HC15 Oct 2025FAO(OS) (COMM)/50/2025

Case brief

AI extract

What is this about?

Delhi High Court 2025; FAO(OS) (COMM) 50/2025; Review Pet. 557/2025; Focus Energy Ltd v. GAIL (India) Ltd; review petition seeking recall of consent order dated 15.10.2025; no instructions to Additional Solicitor General (Mr. N. Venkataraman); Section 37 Arbitration and Conciliation Act 1996 appeal disposed; Section 9 interim directions; Arbitral Tribunal constituted and seized of matter; Section 17 interim measures application by Arbitral Tribunal; interim directions operative until fresh Tribunal order; decide within four months; review petition dismissed 07.11.2025.

What did the court decide?

The Court determined that the order dated 15.10.2025 merely directed the Arbitral Tribunal to consider the prayer for interim relief in terms of Section 17 of the Arbitration and Conciliation Act, 1996. ¶22

Focus Energy Ltd. & Ors. Vs Gail (India) Limited & Ors. — Arbitration | Delhi HC (2025)

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$~14

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- FAO(OS) (COMM) 50/2025

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FOCUS ENERGY LTD & ORS. .....Appellants Through: Mr. Swapnil Gupta and Mr. Ekansh Mishra, Advs.

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versus

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GAIL (INDIA) LIMITED & ORS. .....Respondents Through: Ms. Neetika Bajaj, Adv.

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CORAM:

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

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O R D E R % 07.11.2025

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REVIEW PET. 557/2025 [To review the order dated 15.10.2025]

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On 15.10.2025, with the consent of learned counsel representing the parties, the following order was passed in the presence of Mr. N. Venkataraman, learned Additional Solicitor General:

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“1. The present Appeal has been filed under Section 37 of the Arbitration and Conciliation Act, 1996 [“Act”] against the final judgment and order dated 07.01.2025, passed by the learned Single Judge in OMP (I) (COMM) No. 281/2024.

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2. This Appeal arises from the order passed by the learned Single Judge in a petition under Section 9 of the Act, wherein certain directions were issued. In the meantime, the Arbitral Tribunal has been constituted and is now seized of the matter.

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3. Section 17 of the Act empowers the Arbitral Tribunal to pass interim orders. The learned counsels for the parties are ad idem that the petition filed under Section 9 can be considered by the Arbitral Tribunal as an application under

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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 12/11/2025 at 12:14:31

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Section 17, uninfluenced by the observations made in the impugned order.

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4. In the meantime, the interim directions set forth in the impugned order shall remain operative until the Arbitral Tribunal issues a fresh order.

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5. The Arbitral Tribunal is requested to take up the application and decide the same within a period of four months from the date this order is brought to its notice.

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6. The present Appeal, along with pending applications, stands disposed of in the above terms.”

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The present Review Petition has been filed by Respondent No.1 seeking to recall the order dated 15.10.2025, on the ground that no instructions were given by the said Respondent to the learned Additional Solicitor General to make the submissions recorded therein.

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This Court has considered the submissions of learned counsel representing the parties. It is evident that the order dated 15.10.2025 merely directed the Arbitral Tribunal to consider the prayer for interim relief in terms of Section 17 of the Arbitration and Conciliation Act, 1996.

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In view of the above, no ground is made out to interfere with the order dated 15.10.2025.

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Accordingly, the present Review Petition stands dismissed.

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ANIL KSHETARPAL, J.

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HARISH VAIDYANATHAN SHANKAR, J.

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NOVEMBER 07, 2025 s.godara/pal

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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 12/11/2025 at 12:14:31

Focus Energy Ltd. & Ors. v. Gail (India) Limited & Ors.

Case brief

What is this about?

What did the court decide?

Focus Energy Ltd. & Ors. v. Gail (India) Limited & Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

Issues for consideration

Statutes considered

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Parties & counsel

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