KALPATARU PROJECTS INTERNATIONAL LIMITED vs JSW INFRASTRUCTURE LIMITED

Judgment text excerpt

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on: 20th May, 2026 Pronounced on: 25th May, 2026 + O.M.P.(I) (COMM.) 218/2026 & I.A. Nos. 14254/2026 & 14255/2026 KALPATARU PROJECTS INTERNATIONAL LIMITED .....Petitioner Through: Mr. Dayan Krishnan, Sr. Advocate with Dr. Sunil Mittal, Mr. Malak Bhatt, Mr. Anu Tiwari, Mr. Prithviraj Dey and Mr. Sukrit Seth, Advocates Mob: 9650592002 Email: [email protected] versus JSW INFRASTRUCTURE LIMITED .....Respondent Through: Mr. Darpan Wadhwa, Sr. Advocate with Mr. Nakul Mohta, Ms. Misha Rohatgi Mohta, Mr. Amer Vaid and Ms. Sneha Menon, Advocates Mob: 9810896389 Email: [email protected] CORAM: HON'BLE MS. JUSTICE MINI PUSHKARNA JUDGMENT MINI PUSHKARNA, J. 1. The present petition has been filed under Section 9 of the Arbitration and Conciliation Act, 1996 (“Arbitration Act”), seeking inter alia relief for staying, restraining and injuncting the respondent from acting upon, giving effect to or enforcing the Letter dated 07th May, 2026, issued by the respondent, in so far as the said Letter seeks to levy liquidated damages Signature Not Verified Digitally Signed O.M.P.(I) (COMM.) 218/2026 Page 1 of 17 By:HARIOM SHARMA Signing Date:25.05.2026 14:59:40 against the petitioner for the period which was validly extended by the respondent earlier, without levy of liquidated damages. There is a further prayer to restrain the respondent from initiating any coercive steps against the petitioner, including, invoking the Bank Guarantee dated 18th July, 2025. 2. As per the case put forth by the petitioner, the present dispute arises out of a Contract Agreement dated 14th September, 2023 entered between the parties pursuant to the Letter of Intent dated 19 th January, 2022 and Purchase Order dated 05th February, 2022, for execution of 131 K