BHARAT HEAVY ELECTRICALS LIMITED (BHEL) vs TEKNOW OVERSEAS PRIVATE LIMITED

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Reserved on: 16th October 2025 Pronounced on: 10th November 2025 + FAO(OS) (COMM) 170/2025 & CM APPL. 65604/2025 CM APPL. 65605/2025 BHARAT HEAVY ELECTRICALS LIMITED (BHEL) .....Appellant Through: Mr. Rajesh Yadav, Sr. Adv. with Mr. Ankit Choudhary & Mr. Vinay Kumar, Advs. versus TEKNOW OVERSEAS PRIVATE LIMITED .....Respondent Through: Mr. Moazzam Khan, Mr. Sumeet Lall, Mr. Prince Kumar, Mr. Sidhant Kapoor, Ms. Kopal Chaturvedi & Mr. Devesh Singh, Advs. CORAM: HON’BLE MR. JUSTICE NITIN WASUDEO SAMBRE HON’BLE MR. JUSTICE ANISH DAYAL JUDGMENT ANISH DAYAL, J. 1. This appeal has been filed under Section 13 of the Commercial Courts Act, 2015 and Section 37 of the Arbitration & Conciliation Act, 1976 (‘A&C Act’) assailing the impugned order dated 04th August 2025 passed by the Single Judge of this Court, whereby certain claims towards pending invoices Signature Not Verified 1/17 Digitally Signed By:MANISH KUMARFAO(OS) (COMM) 170/2025 Signing Date:11.11.2025 17:17:12 have been allowed. The genesis of the matter is a dispute between the parties pertaining to work order dated 30th April 2013 issued by appellant in favour of respondent/claimant, which contained an arbitration clause. 2. Respondent/claimant stated that it was engaged in civil and electrical works and executed projects of specialised nature, particularly in the Power, Steel, and Transmission Sector. 3. Respondent/claimant claimed itself to be a Micro & Small Enterprise (‘MSME’) and pursued its claims against the appellant and made a reference to Micro & Small Enterprise Facilitation Council (‘MSEFC’) for resolution of disputes under Section 18 of the Micro, Small & Medium Enterprises Development Act, 2006 (‘MSMED Act’). MSEFC referred the parties to Arbitration under the