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2026 DAILYLAW 11635 (DEL)

M/S DND INFRA PRIVATE LIMITED v. UNION OF INDIA

O.M.P.(I) (COMM.)/263/2026 · 2026-07-08

Sachin Datta

body2026

Judgment text

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$~44 * IN THE HIGH COURT OF DELHI AT NEW DELHI + O.M.P.(I) (COMM.) 263/2026 M/S DND INFRA PRIVATE LIMITED .....Petitioner Through: Mr. Kunwar Chandresh, Ms. Poonam Prasad, Mr. Divyansh Singh and Mr. George Lincoln, Advs. versus UNION OF INDIA .....Respondent Through: Mr. Syed Abdul Haseeb, CGSC, Mr. M. Rawat, GP, Ms. Srishti Singh and Mr. Mohit Bokaliya, Advs., UOI. CORAM: HON'BLE MR. JUSTICE SACHIN DATTA O R D E R % 08.07.2026 IA No.17211/2026 (seeking permission for filing lengthy list of dates and synopsis) 1. Allowed, subject to all just exceptions. 2. Application stands disposed of. O.M.P.(I) (COMM.) 263/2026 3. The present petition filed under Section 9(I) (ii) (e) of the Arbitration and Conciliation Act, 1996 (the ‘A & C Act’), inter alia, seeks interim protection against the invocation of Performance Bank Guarantee BG No. 027GT02251770017 dated 26.06.2025 by the respondent, following termination of the contract by the respondent. 4. It transpires during the course of hearing, that the said bank guarantee already stands encashed. As such, the injunctive relief as sought in the present petition has become infructuous. 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 14/07/2026 at 11:33:00 5. During the course of hearing, it is also informed that the parties are currently inconciliation proceedings. 6. In the circumstances, learned counsel for the petitioner seeks that, in case the conciliation proceedings do not culminate in any amicable resolution, the petitioner shall be at liberty to pursue the relief of restitution of the bank guarantee amount by way of moving an appropriate application under Section 17 of the A & C Act, before a duly constituted Arbitral Tribunal. 7. The petition is accordingly, disposed of with the aforesaid liberty. SACHIN DATTA, J JULY 8, 2026/cl 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 14/07/2026 at 11:33:00