Delhi High Court - Orders
M/S Designco vs Rays Power Experts Private Limited And ... on 24 December, 2025
Author: Jasmeet Singh
Bench: Jasmeet Singh
$~25-26
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ O.M.P. (COMM) 565/2025 & I.A. 32983/2025
M/S DESIGNCO ...Petitioner
Through: Mr Sanjeev Kumar Sharma, Mr Rajiv
Dalal, Mr Atin Kumar, Ms Dipti Singh Arya, Advs.
versus
RAYS POWER EXPERTS PRIVATE LIMITED AND ORS.
.....Respondents
Through:
26
+ O.M.P. (COMM) 566/2025
LOHIA GRAMIN VIKAS PRIVATE LIMITED .....Petitioner
Through: Mr Sanjeev Kumar Sharma, Mr Rajiv
Dalal, Mr Atin Kumar, Ms Dipti Singh Arya, Advs.
versus
RAYS POWER EXPERTS PRIVATE LIMITED & ORS.
.....Respondents
Through:
CORAM:
HON'BLE MR. JUSTICE JASMEET SINGH
ORDER
% 24.12.2025 I.A. 32984/2025 in O.M.P. (COMM) 565/2025 Exemption allowed, subject to all just exceptions. The application is disposed of.
I.A. 32986/2025 in O.M.P. (COMM) 566/2025 Exemption allowed, subject to all just exceptions. The application is disposed of.
O.M.P. (COMM) 565/2025
1. This is a petition filed under Section 34 of the Arbitration and Conciliation Act, 1996 ("the Act") seeking to challenge the Award dated 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 24/12/2025 at 21:00:53 24.08.2025 passed by the Arbitrator wherein the claim of the petitioner were allowed to tune of Rs. 1.3 crores and counter-claim of the respondents to the tune of Rs. 1.75 crores.
2. It is stated that the question of guarantee was not considered by the Arbitrator and the same was contrary to Article 13 read with Recital H of the Engineering Procurement and Construction Agreement dated 22.05.2013.
3. For the said reasons, issue notice to the respondents through all modes including electronic on the petitioner taking steps within 1 week from today, returnable on 20.04.2026.
O.M.P. (COMM) 566/2025
4. This is a petition filed under Section 34 of the Arbitration and Conciliation Act, 1996 ("the Act") seeking to challenge the Award dated 24.08.2025 passed by the Arbitrator wherein the claim of the petitioner were allowed to tune of Rs. 16.63 lakhs and counter-claim of the respondent to the tune of Rs. 50 lakhs.
5. It is stated that the question of guarantee was not considered by the Arbitrator and the same was contrary to Article 13 read with Recital H of the Engineering Procurement and Construction Agreement dated 22.05.2013.
6. For the said reasons, issue notice to the respondents through all modes including electronic on the petitioner taking steps within 1 week from today, returnable on 20.04.2026.
I.A. 32985/2025 in O.M.P. (COMM) 566/2025 and I.A. 32983/2025 in O.M.P. (COMM) 565/2025
7. These are applications under Section 36(2) read with Section 34 of the Act, and read with Section 151 of the Code Of Civil Procedure, 1908, for stay of the impugned Arbitral Awards dated 24.08.2025.
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 24/12/2025 at 21:00:53
8. Mr. Sharma, learned counsel for the petitioner, states that in a connected matter being O.M.P. (COMM) 550/2025, the co-ordinate Bench has already granted a stay, subject to deposit of up-to-date net liability.
9. Based on parity, subject to the petitioner depositing the up-to-date net liability, there shall be stay on the enforcement of the Awards dated 24.08.2025.
10. List on 20.04.2026 along with O.M.P. (COMM) 550/2025, subject to the orders of Hon'ble the Judge-in-Charge (Original Side).
JASMEET SINGH, J DECEMBER 24, 2025/AS 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 24/12/2025 at 21:00:53