Extracted from the PDF above. The PDF is authoritative.
$~63 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 8073/2023 D.B. POWER LIMITED .....Petitioner Through: Mr. Rajshekhar Rao, Senior Adv. with Mr. Vineet Tayal, Mr. Deepak Khurana & Ms. Nishtha Wadhwa, Advs. versus UNION OF INDIA AND ORS. .....Respondents Through: Dr. B Ramaswamy, Adv. Mr. Anurag Ojha, SSC with Mr. Dipak Raj & Mr. Shashank Kumar, Advs. Mr. Vedansh Anand, G.P.
CORAM:
JUSTICE PRATHIBA M. SINGH JUSTICE SHAIL JAIN O R D E R % 21.08.2025
1. This hearing has been done through hybrid mode. CM APPL. 50274/2025 (for stay)
2. On the last date of hearing i.e., 14th August, 2025, the Court after hearing the parties and considering the facts and circumstances directed as under:
“5. The present application has been filed aggrieved by the aforesaid proposed appropriation of the subject Bank Guarantees by the Department on the ground that the Petitioner has not submitted the Mega Power Project Certificate within a period of 156 months. The relevant portion of the letter dated 11th August, 2025 reads as under: [...] This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 26/08/2025 at 12:05:31
6. Mr. Rajshekhar Rao, ld. Senior Counsel for the Petitioner submits that the period of 156 months is to be counted from the date of clearance of goods and not in the manner in which the letter dated 11th August 2025 purports to interpret the submission of Completion Certificate.
7. A copy of the present application has been supplied to Mr. Anurag Ojha, ld. Senior Standing Counsel for the Department. Let him seek instructions and make
submissions on the next date.
8. The question as to from when the 156 months is to be counted, deserves consideration. As per Mr. Rao, the subject Bank Guarantees are still valid. Accordingly, subject to the condition that the subject Bank Guarantees shall be kept alive, it is directed that the subject Bank Guarantees of the Petitioner shall not be invoked, encashed, or appropriated till the next date of hearing.”
3. Today, Mr. Ojha, ld. Counsel submits that they have not yet received instructions from the concerned Ministry.
4. Accordingly, let the reply to this application be filed within four weeks. Rejoinder, thereafter, be filed within four weeks.
5. The interim order passed on 14th August, 2025 will continue in the meantime.
6. List on 28th October, 2025.
PRATHIBA M. SINGH, J.
SHAIL JAIN, J. AUGUST 21, 2025/pd/msh This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 26/08/2025 at 12:05:31