JUDGMENT :

VIVEK SINGH THAKUR, J.

1. Facts, relevant for adjudication of this application, emerging from plaint are as under:-

A. Plaintiff No.1 Rajpura Hydro Power Private Limited (‘RHPPL’ for short), a company incorporated under Companies Act, 1956 (hereinafter referred to as Companies Act), engaged in development and construction of Hydro Energy Power Project at Nogli Khud, Tehsil Rampur, District Shimla, Himachal Pradesh (hereinafter referred to as Hydro Power Project), whereas plaintiff No.2 Dolphin Energy Enterprises (‘DEE’ for short) is a Proprietorship concern and is the successful resolution applicant whose resolution plan for RHPPL has been approved under the Insolvency and Bankruptcy Code, 2016 (‘Code’ for short) by the National Company Law Tribunal, Chandigarh (‘NCLT’ for short) vide its orders dated 27.9.2018. In pursuant thereto DEE has acquired the ownership, control and management of RHPPL.

B. Defendant M/s Gangdari Hydro Power Private Limited (hereinafter referred to as ‘defendant’) is also a company incorporated under Companies Act, which has set up a Hydro Electric Project, namely Jongni (SHP).

C. RHPPL and defendant have entered into a Joint Evacuation Agreement date