Research › Search › Judgment

High Court of Delhi · body

2025 DAILYLAW 50825 (DEL)

FOCUS ENERGY LTD & ORS. v. GAIL (INDIA) LIMITED & ORS.

FAO(OS) (COMM)/50/2025 · 2025-10-15

Anil Kshetarpal, Harish Vaidyanathan Shankar

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

$~57 * IN THE HIGH COURT OF DELHI AT NEW DELHI + FAO(OS) (COMM) 50/2025, CM APPL. 19732/2025 (Addl.Doc.), CM APPL. 19733/2025 (Stay) & CM APPL. 53421/2025 (Seeking permission to place on record additional documents) FOCUS ENERGY LTD & ORS. .....Appellants Through: Mr. Arun Kathpalia, Senior Advocate along with Mr. Swapnil Gupta, Mr. Ekansh Mishra and Mr. Tarun Mishra, Advocates. versus GAIL (INDIA) LIMITED & ORS. .....Respondents Through: Mr. N. Venkataraman, ASG along with Ms. Neetika Bajaj and Ms. Ridisha Sharma, Advocates for Respondent No. 1/GAIL. Mr. K.R. Sasiprabhu, Mr. Vishnu Sharma, Mr. Vinayak Maini and Mr. Mohammed Ilyas, Advocates for Respondent No. 2/ONGC. CORAM: HON'BLE MR. JUSTICE ANIL KSHETARPAL HON'BLE MR. JUSTICE HARISH VAIDYANATHAN SHANKAR O R D E R % 15.10.2025 1. The present Appeal has been filed under Section 37 of the Arbitration and Conciliation Act, 1996 [“Act”] against the final judgment and order dated 07.01.2025, passed by the learned Single Judge in OMP (I) (COMM) No. 281/2024. 2. This Appeal arises from the order passed by the learned Single 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 17/10/2025 at 12:03:09 Judge in a petition under Section 9 of the Act, wherein certain directions were issued. In the meantime, the Arbitral Tribunal has been constituted and is now seized of the matter. 3. Section 17 of the Act empowers the Arbitral Tribunal to pass interim orders. The learned counsels for the parties are ad idem that the petition filed under Section 9 can be considered by the Arbitral Tribunal as an application under Section 17, uninfluenced by the observations made in the impugned order. 4. In the meantime, the interim directions set forth in the impugned order shall remain operative until the Arbitral Tribunal issues a fresh order. 5. The Arbitral Tribunal is requested to take up the application and decide the same within a period of four months from the date this order is brought to its notice. 6. The present Appeal, along with pending applications, stands disposed of in the above terms. ANIL KSHETARPAL, J. HARISH VAIDYANATHAN SHANKAR, J. OCTOBER 15, 2025/nd/ds 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 17/10/2025 at 12:03:09