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Delhi High Court - Orders

Reliance Nu Bess Ltd vs Solar Energy Corporation Of India Ltd on 23 May, 2025

Author: Manoj Kumar Ohri

Bench: Manoj Kumar Ohri

                          $~86
                          *    IN THE HIGH COURT OF DELHI AT NEW DELHI
                          +    W.P.(C) 17732/2024
                                    RELIANCE NU BESS LTD                                               .....Petitioner
                                                 Through:                             Mr. Rajiv Nayar, Mr. Sandeep Sethi,
                                                                                      Senior Advocates with Mr. Rishi
                                                                                      Agarwal, Mr. Daksh Arora, Mr.
                                                                                      Parminder Singh, Ms. Devika Mohan
                                                                                      and Mr. Aroon Menon, Advocates for
                                                                                      the applicant.
                                                 versus
                                    SOLAR ENERGY CORPORATION OF INDIA LTD.....Respondent
                                                 Through: Ms. Babita Kushwaha, Advocate

                               CORAM:
                               HON'BLE MR. JUSTICE MANOJ KUMAR OHRI
                                                ORDER

% 23.05.2025 CM APPL. 31666/2025 (for direction by Reliance NU Energies Private Ltd)

1. By way of present application, the applicant/Reliance NU Energies Private Limited seeks the following directions:-

"...A. Pass an order/direction that the bids submitted by the Applicant, namely Reliance NU Energies Private Ltd. (an „affiliate‟ of the Petitioner), in response to ongoing and future tenders of any government and public authority as listed in ANNEXURE H shall not be rejected/disqualified solely on account of the Impugned Order dated 06.11.2024 bearing number SECI/C&P/ESS-2/MEGL/68676 and Impugned Public Notice dated 06.11.2024 (to the extent applicable to the Petitioner) passed against the Petitioner;
B. Pass an order/direction declaring that the participation of Reliance NU Energies Private Ltd. in the bidding processes of the authorities listed in ANNEXURE H, and any consequential rights, obligations, contracts, or awards arising therefrom, shall not be affected, impaired, or invalidated solely due to the 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 30/06/2025 at 19:22:42 Impugned Order dated 06.11.2024 bearing number SECI/C&P/ESS-2/MEGL/68676 and the Impugned Public Notice dated 06.11.2024 (to the extent applicable to the Petitioner) passed against the Petitioner..."

2. Issue notice.

3. Notice is accepted by learned counsel for the non- applicant/respondent.

4. Learned Senior Counsels appearing for the applicant refer to the order dated 26.11.2024, passed by the Coordinate Bench of this Court in W.P.(C) No.16344/2024 vide which the impugned order in the subject writ petition being debarment order dated 06.11.2024 bearing number SECI/C&P/ESS- 2/RPL/68677 was restricted only to the petitioner-M/s Reliance NU BESS Limited. Insofar as the other affiliates/subsidiaries of petitioner were concerned, the impugned order was stayed. It is stated that the aforesaid order subsists till date.

5. It is further contended by learned Senior Counsels that the applicant intends to participate in certain tenders and it apprehends that the aforesaid debarment order may not be held against it. The details of such tenders floated by different authorities are extracted hereunder:-

ANNEXURE-H S.No Entity Proposed RFS No. RFS Title/Code/ Tend RFS Bid Date Name Bidder Name er . date Auth ority
1. SJVN Reliance SJVN/CC Selection of RE Power SJVN 06-Dec- 27-May NU - Developers for supply Limit 2024 2025 Energies Delhi/REI of 6000 MWh (1500 ed Private MWx4 Hours) A/ Limited Assured Peak Power 2024/FD from ISTS-connected 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 30/06/2025 at 19:22:42 RE Renewable Energy (RE) Power Projects with Energy Storage System (ESS) anywhere in India under Tariff-Based Competitive Bidding

2. NVV Reliance- NVVN/C Procurement under NVV 22-Feb- 20-May-

                                   N           NU              &M/2024 Tariff-Based Global                    N
                                                                                                                           2025      2025
                                               Energies        -25/RE-  Competitive Bidding
                                               Private         373/BESS Request for Selection
                                               Limited         -02      (RFS) Document For
                                                                        Supply of Energy from
                                                                        250 MW/1000 MWH
                                                                        Standalone      Battery
                                                                        Energy          Storage
                                                                        Systems in India to be
                                                                        established        with
                                                                        Viability Gap Funding
                                                                        Support (VGF) with
                                                                        Greenshoe option of
                                                                        Additional Capacity
                                                                        up to 250 MW/1000
                                                                        MWH.
                          3.       SJVN        Reliance        SJVN/CC Setting up of 375                      SJVN         21-Feb-   23-May-
                                               NU              Delhi/   MW/1500 MWh
                                                                                                                           2025      2025
                                               Energies        REIA/202 Standalone      Battery
                                               Private         5/BESS-  Energy Storage
                                               Limited         1        Systems (BESS) in
                                                                        Uttar Pradesh
                                                                        with Viability Gap
                                                                        Funding under
                                                                        Tariff-Based
                                                                        Competitive Bidding
                          4.       RUMS        Reliance        F/RUM/2 DEVELOPMENT OF                         RUM          25-Sep-   26-May-
                                   L           NU              024/REP/ 600 MWAC                              SL
                                                                                                                           2024      2025
                                               Energies        10-      GRID-CONNECTED
                                               Private         007/2045 GROUND
                                               Limited                  MOUNTED SOLAR
                                                                        PHOTO
                                                                        VOLTAIC PROJECT
                                                                        WITH
                                                                        BATTERY ENERGY
                                                                        STORAGE
                                                                        SYSTEMS         (BESS)
                                                                        ASSURING 440
                                                                        MW       OF      PEAK
                                                                        POWER SUPPLY,
                                                                        TO BE SET UP IN




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 30/06/2025 at 19:22:42 MORENA SOLAR PARK AT MORENA, MADHYA PRADESH

5. Tata Reliance TPCD/FD Selection of RE Power Tata 29-Aprl- 04-Jun-

                                   Power       NU              RE/FY26/        Developers
                                                                                                                           2025       2025
                                               Energies        301             for Supply of 250 MW
                                               Private                         Firm and
                                               Limited                         Dispatchable    Power
                                                                               from Grid
                                                                               Connected Renewable
                                                                               Energy (RE)
                                                                               Power Projects with
                                                                               Energy Storage
                                                                               System in India under
                                                                               Tariff based
                                                                               Competitive Bidding


6. Considering the import of the order dated 26.11.2024, it is clarified that applicant/Reliance NU Energies Pvt. Ltd. shall not be treated as disqualified solely on the basis of the order dated 26.11.2024.

7. List on 17.09.2025, the date already fixed. W.P.(C) 17732/2024 & CM APPL 31691/2025 List on 17.09.2025, the date already fixed.

DASTI MANOJ KUMAR OHRI, J MAY 23, 2025/rd 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 30/06/2025 at 19:22:42