ORIENT GREEN POWER COMPANY LTD. vs SM MILKOSE LIMITED & ORS.

Judgment text excerpt

$~J * IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment reserved on:16.09.2025 Judgment pronounced on: 27.11.2025 + O.M.P. (COMM) 533/2016, I.A. 5516/2022, I.A. 19918/2025, I.A. 19919/2025 ORIENT GREEN POWER COMPANY LTD. ………Petitioner Through: Mr. Rahul Sharma, Shubham Shekhar, Himanshu Singh, Advs. versus SM MILKOSE LIMITED & ORS. ………Respondents Through: Mr. Anirudh Bhakru, Mr. Manish Kaushik, Mr. Mishal Johari, Mr. Vikas Ashwani, Advs. CORAM: HON'BLE MR. JUSTICE JASMEET SINGH JUDGMENT 1. This is a petition filed under Section 34 of the Arbitration and Conciliation Act, 1996 (“1996 Act”) seeking to challenge the Arbitral Award dated 01.08.2016 (“impugned Award”) only with reference to Issues No. 1, 4, 5 and 6 passed in the arbitration proceedings titled as “M/s SM Milkose Limited and Ors. vs. M/s Orient Green Power Company Ltd.”. 2. The petitioner before this Court was the respondent in the arbitration proceedings and the respondents herein were the claimants. Digitally Signed O.M.P. (COMM) 533/2016 Page 1 of 42 By:MAYANK Signing Date:27.11.2025 14:26:16 FACTUAL BACKGROUND 3. The petitioner i.e., M/s Orient Green Power Company Ltd. (OGPCL) entered into a Memorandum of Understanding dated 16.01.2008 (“MOU”) with the respondents for acquiring licenses to establish various biomass based power projects as well one existing biomass project in the State of Rajasthan. The respondents owned/ owned shareholdings in the said projects. The following are the 5 biomass based power project/ licenses under the MOU:- S. No. Project Name Capacity Consideration Amrit Environmental Technologies Private 8 MW Rs. 1260 Lakhs 1. Limited, Kotputli, Jaipur (Running District, Rajasthan Project) (“Project No. 1”) SM Environmental Technologies Private 8 MW 2. Limited, Pachhar, Chhipa Rs. 550 Lakhs