ELECTRO MECH ENGINEERS vs NISHANT PROMOTERS PVT LTD

Judgment text excerpt

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment reserved on: 13.11.2025 Judgment pronounced on : 11.12.2025 + FAO (COMM) 232/2024, CM APPL. 70971/2024 (Stay) & CM APPL. 70973/2024 (Delay of 66 days in re-filing the petition) ELECTRO MECH ENGINEERS .....Appellant Through: Mr. Sanjay Gupta, Mr. Sanyam Jain, Mr. Devi Das Verma and Mr. Surya Pratap Singh Chauhan, Advocates. versus NISHANT PROMOTERS PVT. LTD. .....Respondent Through: Mr. KM Vignesh Ram and Ms. Akshita Agrawal, Advocates. CORAM: HON'BLE MR. JUSTICE ANIL KSHETARPAL HON'BLE MR. JUSTICE HARISH VAIDYANATHAN SHANKAR JUDGMENT HARISH VAIDYANATHAN SHANKAR J. 1. The present appeal under Section 37 of the Arbitration and Conciliation Act, 19961 read with Section 13 of the Commercial Courts Act, 2015 challenges the Order dated 20.07.20242 passed by the learned District Judge (Comm), South East, Saket Courts3, Delhi, in CS (Comm) No.166/2024 titled as‘M/s Nishant Promoters Pvt. Ltd. vs. M/s Electro Mech Engineerand Ors.’. 1 The Act 2 Impugned Order 3 learned District Judge Signature Not Verified Digitally Signed By:HARVINDER KAUR BHATIA FAO (COMM) 232/2024 Page 1 of 12 Signing Date:12.12.2025 17:18:25 BRIEF FACTS: 2. The Appellant herein is a partnership firm and engaged in fabrication and erection work. The Respondent herein is a company incorporated under the Companies Act, 2013, and is engaged in a similar line of business. 3. The parties came into contact through their involvement in the execution of certain structural works at Jamuria Industrial Area, Bardhaman, West Bengal, for which the Appellant had received a work order dated 15.11.2022 from one M/s Gridhan Metal Pvt. Ltd.4. In furtherance of the same, vide e-mail dated 20.12.2022, the Appellant-contractor, engaged the Respondent as a sub-contractor for