$~76 * IN THE HIGH COURT OF DELHI AT NEW DELHI + O.M.P.(I) (COMM.) 409/2024 & I.A. 6747/2025 ECOREN ENERGY INDIA PVT LTD REP. BY KRISHNA CHAITANYA SADHU COMPANY SECRETARY .....Petitioner Through: Mr. Ravi Kishore along with Ms. Deepti Dash, Advs. versus SUZLON ENERGY LTD REP BY DR BAPESHWAR RAO VINNAKOTA PRESIDENT & ANR. .....Respondents Through: Mr. Anshuman Sharma, Adv. CORAM: HON'BLE MR. JUSTICE JASMEET SINGH O R D E R % 22.09.2025 1. This is a petition filed under section 9 of the Arbitration and Conciliation Act, 1996 seeking restraint against the respondent No.1 from invoking Bank Guarantee No. 02051IGL0007624 dated 14.05.2024. 2. When the matter came up for hearing on 02.12.2024, this Court restrained the respondent from taking any precipitative steps subject to petitioner keeping the bank guarantee alive. The said stay order is continuing till date. 3. Mr. Kishore, learned counsel for the petitioner, states that the petitioner has already invoked the arbitral mechanism and issued a notice under section 21 of the Arbitration and Conciliation Act, 1996. 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 27/09/2025 at 11:49:19 4. Mr. Sharma, learned counsel for the respondents, states that he has no objection to the Arbitrator being appointed and the present petition can be treated as a section 17 application before the Arbitrator subject to the petitioner keeping the bank guarantee alive till the section 17 application is decided by the Arbitrator and additionally for a period of 2 months thereafter. 5. There is an arbitration clause and as per Mr. Kishore, learned counsel for the petitioner, the same has already been invoked. 6. I am satisfied that there exists an arbitration Agreement and there are disputes between the parties which need to be settled through the arbitral mechanism. 7. For the said reasons, the petition is allowed and the following directions are issued:- i) Mr. Justice Talwant Singh, (Retd. Judge, Delhi High Court) (Mobile No. 9910384653) is appointed as a Sole Arbitrator to adjudicate the disputes between the parties. ii) The arbitration will be held under the aegis and rules of the Delhi International Arbitration Centre, Delhi High Court, Sher Shah Road, New Delhi (hereinafter, referred to as the ‘DIAC’). iii) The remuneration of the learned Arbitrator shall be in terms of DIAC (Administrative Cost and Arbitrators’ Fees) Rules, 2018. iv) The learned Arbitrator is requested to furnish a declaration in terms of Section 12 of the Act prior to entering into the reference. 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 27/09/2025 at 11:49:19 v) It is made clear that all the rights and contentions of the parties, including as to the arbitrability of any of the claim, any other preliminary objection, as well as claims/counter-claims and merits of the dispute of either of the parties including the fact that there can be no fetters on invocation of the bank guarantee, are left open for adjudication by the learned Arbitrator. vi) The parties shall approach the learned Arbitrator within two weeks from today. 8. The present petition shall be treated as a section 17 application and will be adjudicated by the learned Arbitrator in accordance with law. 9. The petitioner shall renew the bank guarantee for initial period of 6 months and in case the section 17 application is allowed in favour of the petitioner for a period of 2 months beyond the date of the order. 10. The present petition is disposed of in the aforesaid terms. JASMEET SINGH, J SEPTEMBER 22, 2025 / (MS) 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 27/09/2025 at 11:49:19