M/S TECHNO AIRCON INDUSTRIES PVT. LTD. vs M/S ABB LIMITED

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgement delivered on: 18.08.2025 + FAO(OS) (COMM) 23/2024 & CM APPL. 8761/2024 M/S TECHNO AIRCON INDUSTRIES PVT. LTD ..... APPELLANT versus M/S ABB LIMITED ..... RESPONDENT Advocates who appeared in this case For the Appellant : Dr. R.K. Yadav, Mr. Nishant Yadav and Mr. Naman Yadav, Advocates. For the Respondent : Mr. Nikhilesh Krishnan, Advocate CORAM: HON'BLE MR. JUSTICE V. KAMESWAR RAO HON'BLE MR. JUSTICE VINOD KUMAR JUDGMENT V KAMESWAR RAO, J. 1. This appeal under filed Section 37(1)(c) of the Arbitration and Conciliation Act, 1996 (the A&C Act) lays challenge to the judgment dated 20.12.2023 (impugned judgment) passed by the learned Single Judge in OMP(COMM) 266/2021 captioned Techno Aircon Industries Private Limited v. ABB Limited whereby the learned Single Judge has dismissed the Signature Not Verified Signed By:PRADEEP FAO(OS) (COMM) 23/2024 Page 1 of 24 SHARMA Signing Date:18.08.2025 18:18:46 application filed by the appellant herein under Section 34 of the A&C Act impugning the Arbitral Award dated 28.02.2019 (impugned award) passed by the learned Sole Arbitrator. 2. The learned Single Judge while dismissing the application under Section 34 of the A&C Act, stated in paragraph no.18 onwards as under:- “18. The aforementioned MoMs first and foremost reveal an explicit and undeniable admission by Techno of possessing unutilized raw material initially supplied by ABB. Techno not only acknowledged this fact but also committed to returning the excess materials, as well as outlined the schedule for dispatching supplies to projects like Tata Motors Lucknow. Moreover, these MoMs shed light on the enduring business relationship between the parties, indicating that the purchase order dated 11th September, 2008, was merely one