MSA GLOBAL LLC OMAN vs ENGINEERING PROJECTS INDIA LIMITED

Judgment text excerpt

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment reserved on: 27.08.2025 Judgment pronounced on: 12.12.2025 Judgment uploaded on: 12.12.2025 + FAO(OS) 88/2025, CM APPL. 47877/2025 & CM APPL. 47880/2025 MSA GLOBAL LLC OMAN .....Appellant Through: Mr. Rajiv Nayar, Sr. Adv. with Mr. Kirat Singh Nagra, Mr. Kartik Yadav, Mr. Pranav Vyas, Ms. Sumedha Chadha and Mr. Sankalp Singh, Advs. versus ENGINEERING PROJECTS INDIA LTD .....Respondents Through: Mr. Sandeep Sethi, Sr. Adv. with Mr. Ajit Warrier, Mr. Angad Kochhar, Mr. Himanshu Setia, Mr. Vedant Kashyap, Mr. Sumer Dev Seth, Ms. Riya Kumar, and Ms. Richa Khare, Advs. CORAM: HON'BLE MR. JUSTICE ANIL KSHETARPAL HON'BLE MR. JUSTICE HARISH VAIDYANATHAN SHANKAR JUDGMENT ANIL KSHETARPAL, J. 1. Through this Appeal, the Defendant/Appellant herein assails the correctness of the Order passed on 25.07.2025 by the learned Single Signature Not Verified Signed By:JAI NARAYAN Signing Date:12.12.2025 FAO(OS) 88/2025 Page 1 of 62 17:31:42 Judge [hereinafter referred to as „Impugned Order‟], while injuncting continuation of arbitration proceeding in an anti-arbitration suit. 2. The grant of injunction is predicated predominantly on the ground that Mr. Andre Yeap [hereinafter referred to as „Mr. Yeap‟], a member of the Arbitral Tribunal [hereinafter referred to as „Tribunal‟], failed to make disclosure about his prior involvement in an arbitration proceeding involving the Defendant and Mr. Manbhupinder Singh Atwal [hereinafter referred to as „Mr. Atwal‟], who happens to be the MD, Chairman, and Promoter of the Defendant. This then led the learned Single Judge to prima facie conclude that if allowed to continue, it would result in the proceedings which are oppressive and vexatious to the Plaintiff/Respondent. With respect to the objectio