M/S SAFETY CONTROLS AND DEVICES LTD vs NTPC RENEWABLE ENERGY LIMITED & ORS.

Judgment text excerpt

$~64 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision : 19.02.2026 + FAO(OS) (COMM) 30/2026, CM APPL. 11012/2026, CM APPL. 11013/2026, CM APPL. 11014/2026, CM APPL. 11015/2026 M/S SAFETY CONTROLS AND DEVICES LTD .....Appellant Through: Mr. Gautam Narayan, Sr. Advs. with Mr. Talha A. Rahman, Mr. Utsav Misra, Ms. Asmita Singh and Mr. Sudhanshu Tewari, Advs. versus NTPC RENEWABLE ENERGY LIMITED & ORS. .....Respondents Through: Mr. Gopal Jain, Sr. Adv with Mr. Anish Gupta, Mr. Kapil Paliwal & Mr. Abhishek Singh, Advs. Mr. B.K. Singh, Adv. for R2. CORAM: HON'BLE MR. JUSTICE DINESH MEHTA HON'BLE MR. JUSTICE VINOD KUMAR JUDGMENT DINESH MEHTA, J. (ORAL) 1. The present appeal preferred under Section 37 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as ‘the Act of 1996’) read with Section 13 of the Commercial Courts Act, 2015, is directed against the order dated 12.02.2026 passed by the learned Single Judge of this Court, whereby learned Single Judge has rejected the appellant’s application for injunction that was filed under Section 9 of the Act of 1996. 2. Upon perusal of the record and the impugned order dated 12.02.2026, we find that though in the application under Section 9 of the Act of 1996, FAO(OS)(COMM) 30/2026 Page 1 of 4 Signature Not Verified Signed By:PRAMOD KUMAR VATS Signing Date:24.02.2026 12:32:49 the appellant had prayed for injunction not only against the Advance Bank Guarantee dated 10.09.2025 but also against the Insurance Surety Bonds dated 25.07.2025, however, the impugned order records that the appellant had confined its prayer to the invocation of the Advance Bank Guarantee, which ground has been turned down by the learned Single Judge. 3. The facts as transpired, are that the Advance Bank Guarantee of Rs.8.71 Crores ha