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Lohia Developers (India) Private ... vs Rays Power Experts Private Limited & Ors on 22 December, 2025

Author: Subramonium Prasad

Bench: Subramonium Prasad

                          $~51
                          *         IN THE HIGH COURT OF DELHI AT NEW DELHI
                          +         O.M.P. (COMM) 550/2025
                                    LOHIA DEVELOPERS (INDIA) PRIVATE LIMITED .....Petitioner
                                                                  Through:            Mr. Uttam Dutt, Sr Advocate with
                                                                                      Mr. Sanjeev K Sharma, Mr. Rajiv
                                                                                      Dalal, Ms Dipti Singh Arya, Advs.
                                                 versus
                                    RAYS POWER EXPERTS PRIVATE LIMITED & ORS.
                                                                          .....Respondents
                                                 Through:
                                    CORAM:
                                    HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD
                                                ORDER

% 22.12.2025 I.A. 32321/2025 (Exemption) Allowed, subject to all just exceptions.

O.M.P. (COMM) 550/2025

1. The present petition under Section 34 of the Arbitration and Conciliation Act, 1996 has been filed by the Petitioner challenging the Arbitral Award dated 24.08.2025 passed by the learned Sole Arbitrator.

2. The learned Arbitrator by the Impugned Award has inter alia partly allowed the Counter Claim of the Respondent No. 1 against the Petitioner for a sum of Rs.62,50,000/- with interest at the rate of 12% per annum on the Security Deposit from 01.01.2020. By the same Order, the claim of the Petitioner has also been partly allowed. Relevant portion of the said Order reads as under:

"185. The Claim is partly allowed for a sum of Rs.25,85,550/-. It shall carry interest@ 12% per annum w.e.f. 01.10.2018 till the payment is made by 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 20:40:56 the Respondent No. 1.

186. The Counter Claim is partly allowed for a sum of Rs.62,50,000/-. It shall carry interest@ 12% per annum w.e.f. 01.01.2020 till the payment is made by the Claimant."

3. Apart from stating that the valid claims of the Petitioner have not been considered, it is the case of the Petitioner that the Impugned Arbitral Award runs contrary to the terms of the EPC Agreement between the parties and that the Respondents are trying to escape their contractual liabilities under the said EPC Agreement.

4. Issue notice.

5. On taking steps, let a notice be issued to the Respondents through all permissible modes, including Dasti.

6. List on 20.04.2026.

1. The present application under Section 36(2) read with Section 34 of the Arbitration and Conciliation Act, 1996, read with Section 151 of the CPC has been filed by the Petitioner seeking stay of the Impugned Arbitral Award dated 24.08.2025.

2. Subject to the Petitioner depositing a sum of Rs.36,64,450/- along with up-to-date interest at the rate of 12% per annum from 01.01.2020 within a period of six weeks from today, the execution of the Impugned Arbitral Award stand stayed.

3. List on 20.04.2026.

SUBRAMONIUM PRASAD, J DECEMBER 22, 2025/Prateek 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 20:40:56