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2023 Supreme(Del) 10602

HIGH COURT OF DELHI
SREI EQUIPMENT FINANCE LIMITED – Appellant
Versus
RUGBY RENERGY PRIVATE LTD & ANR. – Respondent


JUDGMENT

1. The Petitioner seeks to challenge an Order dated 03.01.2023 passed by the Arbitral Tribunal which has been constituted for adjudicating disputes between Respondent No.1/ Rugby Renergy Private Limited and Respondent No.2/ India Power Corporation Limited.

2. The facts leading to the present the case are as under:-

i. The Petitioner is an equipment finance company. The operations of the Petitioner company are being conducted by an Administrator appointed by the Reserve Bank of India.

ii. It is stated that the Petitioner has given on lease, equipment to Signature Not Verified Digitally Signed W.P.(C) 2724/2023 Page 1 of 13 Respondent No.2 which manufactures electricity by using wind energy. For the said purpose, a master lease agreement had been entered into between the Petitioner and Respondent No.2 on 01.11.2016. The said agreement has its own dispute resolution mechanism under Clause 21. It is stated that the Master Lease Agreement dated 01.11.2016 which was in force till 03.04.2023 was entered into by the Petitioner with Respondent No 2, whereby the Petitioner had agreed to give the wind business equipment on lease to Respondent No.2 in return for payment from the receivabl

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