Gail (India) Limited v. Tata Power Delhi Distribution Limited
Case brief
What is this about?
Delhi High Court, O.M.P.(I) (COMM.) 349/2025, decided 16.04.2026 by Harish Vaidyanathan Shankar, J.: GAIL (India) Limited v. Tata Power Delhi Distribution Limited — Section 9 Arbitration and Conciliation Act 1996 interim-relief petition (escrow deposit/bank guarantee of Rs 64,96,85,030.50 out of Rs 1,29,93,70,061 outstanding; restraint on asset alienation; removal of metering skid from Rithala plant) disposed of on mutual consent without adjudication; disputes referred to three-member tribunal under Clause 16.2(ii) of Gas Transmission Agreement dated 08.09.2008; Justice M.R. Shah (Retd.) nominated by petitioner; Section 21 notice and Section 11 proceedings dispensed with; petition converted to Section 17 application; Section 12(2) disclosures; costs equally borne; rights kept open; no merits opinion. No precedents cited.
What did the court decide?
No interim relief adjudicated by this Court. On the parties' consent, the petition was disposed of with the disputes referred to a three-member arbitral tribunal per Clause 16.2(ii) of the Gas Transmission Agreement dated 08.09.2008; Section 21 notice and separate Section 11 proceedings dispensed with; petitioner's nominee (Hon'ble Mr. Justice M.R. Shah (Retd.)) noted, respondent to nominate its arbitrator within one week and the presiding arbitrator to be appointed within 10 days thereafter; the Section 9 petition converted into a Section 17 application for the Tribunal's directions; Section 12(2) disclosures due within a week of entering the reference; arbitration costs borne equally; all rights and contentions kept open; Tribunal requested to consider the Section 17 application expeditiously, preferably within two months of constitution.