$~O-14 * IN THE HIGH COURT OF DELHI AT NEW DELHI + ARB.P. 583/2025 Date of Decision: 06.05.2025 IN THE MATTER OF:

TATA POWER RENEWABLE ENERGY LIMITED .....Petitioner Through: Mr. Anand Kumar Shrivastava, Ms.

Ishita Jain, Mr. Ankit Bhandari and Mr. Ekshat Punwani, Advs.

versus DCM TEXTILES LIMITED .....Respondent Through: None.

CORAM:

HON'BLE MR. JUSTICE PURUSHAINDRA KUMAR KAURAV

JUDGEMENT

PURUSHAINDRA KUMAR KAURAV, J. (ORAL)

1. Heard learned counsel for the petitioner.

2. Learned counsel for the petitioner has filed the service affidavit which reads as under:

“I, Ankit Bhandari, aged about 29 years, S/o Shri Narendra Kumar Bhandari, Advocate of the Petitioner, having my office at B-7 /8, Ground Floor, Safdarjung Enclave, New Delhi-I I 0029, do hereby solemnly affirm as under:

I . That the Deponent is one of the counsels of the Petitioner in the captioned matter and as such is well conversant with the facts of the present case and is thus competent to swear this affidavit.

2. That the present case was listed for hearing on 02.04.2025 before the Hon'ble High Court of Delhi and the Hon'ble Justice was pleased to issue Notice to Respondent (DCM Textiles Limited) herein vide order dated Signature Not Verified Signature Not Verified Signed By:AMIT KUMAR Signed

02.04.2025. The true copy of the order dated 02.04.2025 is annexed herewith and marked as Annexure-1.

3. That in compliance of the order dated 02.04.2025, the counsel on behalf of the Petitioner herein have duly served the notice along with a copy of the Petition by speed post, courier and email to the Respondent on its office address in Hisar i.e. DCM Textiles Limited (A unit of DCM Nouvelle Limited) having its office at Post Box No. 59, New Mela Ground, Hisar-

125001, New Delhi-110003 (“Respondent Address”).

4. That the details of the speed post-delivery is set out in the table below:

S. No.	Respondent	Speed Post No.	Dispatched Date	Delivered Date
1.	DCM Textiles Limited (A unit of DCM Nouvelle Limited) having its office at Post Box No. 59, Near Mela Ground, Hisar- 125001	SU00156658 2IN	17.04.2025	23.04.2025

A true copy of the postal receipt along with tracking report showing confirmation of delivery dated 23.04.2025 is annexed herewith and marked as Annexure-2.

5. That the details of the courier delivery is set out in the table below:-

S. No.	Respondent	Courier No.	Dispatched Date	Delivered Date
1.	DCM Textiles Limited (A unit of DCM Nouvelle Limited) having its office at Post Box No. 59, Near Mela Ground, Hisar- 125001	DEL203680548	17.04.2025	19.04.2025

A true copy of the courier receipt along with its tracking and delivery conformation dated 19.04.2025 report are annexed herewith and marked Signature Not Verified Signature Not Verified Signed By:AMIT KUMAR Signed as Annexure-3.

6. The counsels on behalf of the Petitioner herein have also served the notice along with a copy of the Petition to the Respondent vide email dated 21.04.2025 on the last known email addresses i.e. kaushal.vivek@dcmtextiles.com The True copy of the service done by email dated 21.04.2025 is annexed herewith and marked as Annexure- 4.

7. That I state that the service stands completed on the Respondent.

-sd-

DEPONENT”

3. The affidavit indicates that besides other modes, the service has been effected on the respondent through speed post as well. However, none appears on behalf of the respondent.

4. The facts of the case would indicate that the respondent issued various Purchase Orders (POs) to the petitioner for Design, Supply, Installation and Commissioning of DC Ground Mounted Solar PV Plant" of 9979.20 KWp and 2400.00 KWp, and Design, Supply, Installation and Commissioning of DC Roof Top Solar PV of 2100.00 KWp.

5. Furthermore, the petitioner submits that the work commenced and it adhered to the contractual obligations. However, the project could not be completed within timelines stipulated under the POs, due to reasons such as:

a. Delay in Site Handover.

b. Canal Ove

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