TWENTY FIRST CENTURY MINING PRIVATE LIMITED vs NOMINATED AUTHORITY MINISTRY OF COAL GOVERNMENT OF INDIA & ANR.

Judgment text excerpt

$~42 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: 03.02.2026 + O.M.P.(I) (COMM.) 41/2026, I.A. 2925/2026 & I.A. 2926/2026 TWENTY FIRST CENTURY MINING PRIVATE LIMITED .....Petitioner Through: Mr. Kirtiman Singh, Senior Advocate with Mr. Sanjeev K. Kapoor, Ms. Saman Ahsan, Ms. Swastika Chakravarti and Ms. Mimansha Durgapal, Advocates. versus NOMINATED AUTHORITY MINISTRY OF COAL GOVERNMENT OF INDIA & ANR. .....Respondents Through: Mr Abhishek Gupta, CGSC with Mr. Kumar Kartikeya, Mr.Dhananjay Singh and Mr.Chankya Kene, Advocates for R-1 Mr. Santosh Kumar Rout, Advocate for R-2. CORAM: HON'BLE MR. JUSTICE HARISH VAIDYANATHAN SHANKAR % JUDGEMENT (ORAL) 1. The present Petition, under Section 9 of the Arbitration and Conciliation Act, 1996 [“Act”], has been filed seeking the following prayers: “(a) Pass an injunction restraining Respondent No. 1, during the pendency of the proceedings between the Petitioner and Respondent No.1, from invoking/appropriating/encashing the Petitioner’s Bank Guarantee with reference no. 0896524BG0000547, as amended on 17 May 2025, whether in whole or in part, in furtherance of the recommendation of the Scrutiny Committee passed in its meeting dated 6 November 2025 Signature Not Verified Digitally Signed O.M.P.(I) (COMM.) 41/2026 Page 1 of 5 By:HARVINDER KAUR BHATIA Signing Date:06.02.2026 12:20:13 and 7 November 2025, and Respondent no. 1’s letter forwarding the same dated 3 December 2025; (b) Pass and order directing Respondent No. 2 to refuse and return any request from Respondent No. 1 for appropriating a part of the Petitioner’s Bank Guarantee with reference no. 0896524BG0000547, as amended on 17 May 2025;” 2. Learned Senior Counsel appearing on behalf of the Petitioner would draw this Court’s attention to the Letter dated 03.12.