Delhi High Court
Regen Powertech Private Limited vs Sembcorp Green Infra Limited & ... on 13 December, 2017
$~26 to 29
*IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of decision : 13th December, 2017
+ FAO(OS) 312/2017, CAV No.1067/2017 & CM Nos.45193-
94/2017
REGEN POWERTECH PRIVATE LIMITED..... Appellant
Through : Mr. Anush Raajan, Adv.
versus
SEMBCORP GREEN INFRA LIMITED
& ORS. ..... Respondents
Through : Mr. Sandeep Sethi, Sr. Adv.
with Mr. Shankh Sengupta, Ms.
Tine Abraham and Ms. Vatsala
Kumar, Advs.
+ FAO(OS) 313/2017, CAV No.1066/2017 & CM Nos.45195-
96/2017
REGEN POWERTECH PRIVATE LIMITED..... Appellant
Through : Mr. Anush Raajan, Adv.
versus
SEMBCORP GREEN INFRA LIMTED
&ORS ..... Respondents
Through : Mr. Sandeep Sethi, Sr. Adv.
with Mr. Shankh Sengupta, Ms.
Tine Abraham and Ms. Vatsala
Kumar, Advs.
FAO(OS)Nos312-317/2017 Page 1 of 4
+ FAO(OS) 314/2017, CAV No.1069/2017 & CM Nos.45245-
46/2017
REGEN POWERTECH PRIVATE LIMITED..... Appellant
Through : Mr. Anush Raajan, Adv.
versus
GREEN INFRA WIND FARM ASSETS
LIMITED & ANR. ..... Respondents
Through : Mr. Sandeep Sethi, Sr. Adv.
with Mr. Shankh Sengupta, Ms.
Tine Abraham and Ms. Vatsala
Kumar, Advs.
+ FAO(OS) 315/2017, CAV No.1070/2017 & CM Nos.45250-
51/2007
REGEN POWERTECH PRIVATE LIMITED..... Appellant
Through : Mr. Anush Raajan, Adv.
versus
GREEN INFRA WIND ENERGY ASSETS
LIMITED & ANR ..... Respondents
Through : Mr. Sandeep Sethi, Sr. Adv.
with Mr. Shankh Sengupta, Ms.
Tine Abraham and Ms. Vatsala
Kumar, Advs.
CORAM:
HON'BLE THE ACTING CHIEF JUSTICE
HON'BLE MR. JUSTICE C.HARI SHANKAR
JUDGMENT (ORAL)
GITA MITTAL, ACTING CHIEF JUSTICE
CAV No.1067/2017 in FAO(OS) 312/2017;
CAV No.1066/2017in FAO(OS) 313/2017;
CAV No.1069/2017 in FAO(OS) 314/2017; and
CAV No.1070/2017 in FAO(OS) 315/2017
1. Caveators are represented and have been heard.
2. The caveats are discharged.
CM Nos.45193-94/2017 in FAO(OS) 312/2017;
CM Nos.45195-96/2017 in FAO(OS) 313/2017;
CM Nos.45245-46/2017 in FAO(OS) 314/2017; and
CM Nos.45250-51/2017 in FAO(OS) 315/2017 (Exemption)
1. Allowed, subject to just exceptions.
2. The applications are disposed of.
FAO(OS)Nos.312-315/2017
1. These appeals assail the order dated 27th November, 2017
whereby the ld. Single Judge has dismissed the OMP(I)Nos.26/2017;
27/2017; 22/2017 and 23/2017 filed by the appellant under Section 9
of the Arbitration and Conciliation Act, 1996 on the very first date
itself without calling for replies from the respondents.
2. Both the parties have placed reliance on several judicial
precedents in support of the rival contentions. It would appear that no
finding has been recorded prima facie on the factual submissions
made by the appellant nor was reply called for from the respondents.
3. Mr. Sandeep Sethi, ld. Senior Counsel appearing for
respondents, who are caveators before us, on instructions submits that
without prejudice to the rights and contentions of the respondents, the
impugned order dated 27th November, 2017 may be set aside and the
matter be remanded back for consideration afresh.
4. With the consent of the parties, the impugned order dated 27th
November, 2017 is hereby set aside and quashed. The matter is
remanded back for consideration afresh on merits by the ld. Single
Judge.
5. The parties shall appear before the ld. Single Judge on 14 th
December, 2017 for further directions in the matter.
6. It is made clear that nothing herein contained is an expression of
opinion on the merits of the case.
The appeals are disposed of in the above terms.
Dasti under signatures of the Court Master.
ACTING CHIEF JUSTICE
C.HARI SHANKAR, J
DECEMBER 13, 2017
mk
