Delhi High Court - Orders
Bharatiya Rail Bijlee Company Limited vs Tecpro Systems Ltd on 23 January, 2026
$~53
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ O.M.P. (COMM) 42/2026
BHARATIYA RAIL BIJLEE COMPANY LIMITED.....Petitioner
Through: Mr. Gopal Jain, Sr. Adv. with Mr.
Adarsh Tripathi, Mr. Vikram Singh
Baid, Advs.
versus
TECPRO SYSTEMS LTD .....Respondent
Through: Ms. Shina K, Mr. Saurabh Ankit,
Advs.
CORAM:
HON'BLE MR. JUSTICE VIKAS MAHAJAN
ORDER
% 23.01.2026 I.A. 1894/2026 (exemption)
1. This is an application seeking exemption from filing original documents. Original documents shall be produced/filed, if sought, strictly as per the DHC (Original Side) Rules, 2018.
2. Allowed, subject to all just exceptions.
3. The application stands disposed of O.M.P. (COMM) 42/2026 & I.A. 1895/2026 (by petitioner under Section 36(2)s of the Arbitration and Conciliation Act, 1996 read with Section 151 CPC seeking interim relief)
4. This is a petition under Section 34 of the Arbitration and Conciliation Act, 1996 [in short, 'Act'] challenging the award dated 11.07.2025 read with order/award under Section 33 dated 20.09.2025.
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 27/01/2026 at 20:36:41
5. Mr. Gopal Jain, learned Senior Counsel appearing on behalf of the petitioner invites attention of the Court to the award dated 11.07.2025, to contend that the counter-claim to the extent of Rs.16,29,10,341.50 was allowed in favour of the petitioner, which amount was adjusted against the encashment of BGs for excess amount.
6. He submits that in the order passed under Section 33, the learned Arbitral Tribunal has gone beyond the scope of Section 33, adjudicated the issue again and thereby reversed the counter-claim.
7. The attention of the Court has been invited to para 12 of the order dated 20.09.2025.
8. In view of the above, issue notice.
9. Ms. Shina K, learned counsel accepts notice on behalf of the Liquidator appointed for the respondent/company.
10. Subject to the petitioner depositing the entire awarded amount along with up to date interest within a period of eight weeks from today, there shall be a stay on the operation of the impugned awards.
11. Let written submissions be filed by the parties at least one week before the next date.
12. Re-notify on 04.05.2026.
VIKAS MAHAJAN, J JANUARY 23, 2026 aj 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 27/01/2026 at 20:36:41