Delhi High Court - Orders
Kilburn Engineering Limited vs Technip Energies India Limited & Anr on 9 January, 2025
Author: Subramonium Prasad
Bench: Subramonium Prasad
$~43
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ O.M.P.(I) (COMM.) 8/2025
KILBURN ENGINEERING LIMITED .....Petitioner
Through: Mr. Rajiv Nayar, Senior Advocate
with Mr. Aseem Chaturvedi, Mr.
Ravitej Chilumuri, Mr. Shivank
Diddi, Ms. Ishita Mundhra, and Mr.
Amaan Khan, Advocates.
versus
TECHNIP ENERGIES INDIA LIMITED & ANR.
.....Respondents
Through:
CORAM:
HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD
ORDER
% 09.01.2025 I.As. 363-364/2025 (Exemption) Allowed, subject to all just exceptions.
O.M.P.(I) (COMM.) 8/2025
1. The present petition under Section 9 of the Arbitration and Conciliation Act, 1996 has been filed by the Petitioner for restraining the Respondent No.1 from invoking Bank Guarantee bearing Reference No.FBGI00702300031 issued by RBL Bank Limited furnished by the Petitioner.
2. Material on record indicates that a Work Order for a tentative value of Rs.12.50 crores was issued to the Petitioner for a Purified Terephthalic Acid plant to be built inside IOCL's refinery in Paradip, Orissa. It is stated that an O.M.P.(I) (COMM.) 8/2025 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 09/01/2025 at 21:46:52 advance Bank Guarantee for a sum of Rs.1.25 crores in terms of the Work Order was furnished by the Petitioner to Respondent No.1. It is stated that the Bank Guarantee is valid till September, 2025. It seems that disputes have arisen between the Parties.
3. Learned Senior Counsel appearing for the Petitioner submits that a notice under Section 21 of the Arbitration and Conciliation Act, 1996 invoking arbitration to Respondents will be sent within one week from today.
4. Issue notice.
5. On taking steps, let notice be issued to the Respondents through all permissible modes, including Dasti.
6. It is stated that as of now no notice has been issued to the Petitioner by the Respondents for invoking the Bank Guarantee. It is expected that since this Court has issued notice in the present petition, the Respondents will not take any coercive steps, including invocation of Bank Guarantee, which will have the effect of overreaching the issue pending before this Court.
7. List on 24.01.2025 before the Roster Bench.
SUBRAMONIUM PRASAD, J JANUARY 09, 2025 S. Zakir O.M.P.(I) (COMM.) 8/2025 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 09/01/2025 at 21:46:52