Supreme Court – Daily Orders
Nataskee Incorpoation vs Union Of India on 8 August, 2025
Author: Surya Kant
Bench: Surya Kant
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO. OF 2025
(Arising out of SLP(C) NO.15345/2025)
NATASKEE INCORPORATION APPELLANT
VERSUS
UNION OF INDIA & ANR. RESPONDENTS
O R D E R
1. Leave granted.
2. Notice Inviting Tender (NIT) dated 27.07.2024 for
installation of Solar Grid Systems at various locations
within the Ratlam Railway Division; consequential letter
of acceptance in favour of the appellant; and subsequent
action of the respondents in rescinding the same due to
alleged failure of the appellant to provide a requisite
performance guarantee has led to initiation of
proceedings under Section 9 of the Arbitration and
Conciliation Act, 1996 before the Commercial Court,
Indore. The learned Commercial Court passed an order on
25.02.2025, allowing the appellant’s application to stay
the operation of the tender and restrain the respondents
Signature Not Verified
from allotting the work to any other bidder. In appeal
Digitally signed by
ARJUN BISHT
Date: 2025.08.13
under Section 37 of the Arbitration and Conciliation Act,
11:02:27 IST
Reason:
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1996, that order of the Commercial Court has been set
aside by the High Court on various grounds.
3. When the matter came up before this Court on
28.05.2025, it was directed while issuing notice that the
earnest money deposited by the appellant shall not be
forfeited.
4. Learned Additional Solicitor General of India
points out that, meanwhile, work has been allotted to a
new contractor, and the installation work is in progress.
He has also urged that the injunctive relief sought by
the Appellant before the Commercial Court is barred under
Section 20A of the Specific Relief Act, 1963.
5. The issues emanating from the arbitration dispute
between the parties are also sub judice before the
Commercial Court, including the preliminary objection
regarding maintainability raised by the respondents. All
those issues are yet to be gone into by the Commercial
Court. That being so, it is not expedient or desirable
for us to express any opinion on merits of the case.
6. The instant appeal is, accordingly, disposed of
with modification of the impugned order of the High Court
to the extent that the earnest money deposited by the
appellant shall not be forfeited and any bank guarantee
maintained by the appellant shall not be encashed till
the adjudication of the proceedings before the Commercial
Court.
7. It goes without saying that the appellant shall
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continue to maintain such bank guarantees till
adjudication is complete. Ordered accordingly.
……………….J.
(SURYA KANT)
……………….J.
(JOYMALYA BAGCHI)
New Delhi;
August 08, 2025
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ITEM NO.16 COURT NO.2 SECTION IV-C
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Petition(s) for Special Leave to Appeal (C) No(s).15345/2025
[Arising out of impugned final judgment and order dated 02-05-2025
in ARBA No.57/2025 passed by the High Court of Madhya Pradesh at
Indore]
NATASKEE INCORPOATION Petitioner(s)
VERSUS
UNION OF INDIA & ANR. Respondent(s)
(IA No. 135112/2025 – EXEMPTION FROM FILING C/C OF THE IMPUGNED
JUDGMENT, IA No. 135113/2025 – EXEMPTION FROM FILING O.T., IA
No.135111/2025 – PERMISSION TO FILE ADDITIONAL
DOCUMENTS/FACTS/ANNEXURES)
Date : 08-08-2025 This matter was called on for hearing today.
CORAM : HON’BLE MR. JUSTICE SURYA KANT
HON’BLE MR. JUSTICE JOYMALYA BAGCHI
For Petitioner(s) : Mr. Rohit Anil Rathi, AOR
Mr. Yojit Pareek, Adv.
Ms. Aarushi Jain, Adv.
Mr. Prateek Kumar, Adv.
Mr. Yashs Rk, Adv.
For Respondent(s) : Mr. S.D. Sanjay, ASG
Mr. Khushal Kolwar, Adv.
Ms. Medha Trivedi, Adv.
Ms. Mili Baxi, Adv.
Mr. Akshay Amritanshu, Adv.
Mr. B.K. Satija, Adv.
Mr. Shubham Prakash Mishra, Adv.
Ms. Nikita Sethi, Adv.
Mr. Amrish Kumar, AOR
UPON hearing the counsel the Court made the following
O R D E R
1. Leave granted.
2. The appeal is disposed of in terms of the signed order.
3. All pending applications, if any, also stand disposed of.
(ARJUN BISHT) (PREETHI T.C.) ASTT. REGISTRAR-cum-PS ASSISTANT REGISTRAR
(signed order is placed on the file)
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