Full Text
HIGH COURT OF DELHI
Date of Decision: 05th May, 2026
12321/2026 TRINITY TOUCH PRIVATE LIMITED .....Petitioner
Through: Mr. Darpan Wadhwa, Sr. Advocate with Ms. Anita Das, Mr. Ankit Choubey and Ms. Rea Bhalla, Advocates
Mob: 7967452993 Email: a.das@adbpartners.in & ankit@adbpartners.in
Through: None.
JUDGMENT
1. Application allowed, subject to all just exceptions.
2. The same is accordingly disposed of. O.M.P.(I)(COMM.) 189/2026 & I.A. 12320/2026
3. The present petition has been filed under Section 9 of the Arbitration and Conciliation Act, 1996 (“Arbitration Act”), seeking urgent directions against the respondent from this Court.
4. Learned Senior Counsel appearing for the petitioner submits that petitioner is a technology company that manufactures and provides solutions for electrical components and specialised infrastructure for critical industries. On the other hand, the respondent is an authorized distributor/vendor of the company Dell.
5. It is submitted that the petitioner has two subsisting contracts with Larsen & Tourbo (“L&T”) dated 10th July, 2025, for design, manufacture, testing, delivery, and commissioning of the Supervisory Control and Data Acquisition (“SCADA”) and cyber security systems for solar power plants in Uzbekistan.
6. Learned Senior Counsel appearing for the petitioner submits that in order to implement the contracts, certain servers were needed, for which, a Purchase Order dated 29th September, 2025 was placed with the respondent for a total order value of Rs. 2,90,40,980/-. In this regard, the petitioner had first approached the company Dell, which directed them to the respondent, who is one of the authorised distributors of Dell.
7. It is submitted that respondent was to deliver the goods under the Purchase Order by 16th February, 2026, and also deploy them in the petitioner’s manufacturing facility in Faridabad, Haryana. However, though the respondent confirmed receiving the goods, just twenty (20) days before the date of delivery, i.e., on 27th January, 2026, it demanded a post-dated security cheque, which was not contemplated under the Purchase Order.
8. Learned Senior Counsel for the petitioner submits that under duress and coercion, the petitioner agreed to secure the value of the Purchase Order through post-dated cheques, i.e., Rs. 2,90,40,980/-.
9. However, it is submitted that vide E-mail dated 14th February, 2026, the respondent repudiated the Purchase Order. The said E-mail dated 14th February, 2026 is reproduced as under: “ ”
10. Learned Senior Counsel appearing for the petitioner has drawn the attention of this Court to the Document-18 attached with the present petition, which is a letter dated 26th March, 2026 received from L&T, wherein, L&T while rejecting petitioner’s request for extension of time on account of noncompliance by respondent-vendor, has written as under: “xxx xxx xxx xxx xxx xxx”
11. By referring to the aforesaid letter, learned Senior Counsel appearing for the petitioner submits that the petitioner has a subsisting contract with L&T, and in case, the goods are not provided by the respondent, the petitioner would face penalty, liquidated damages and other precipitative consequences under the contract with L&T.
12. Learned Senior Counsel appearing for the petitioner further submits that as per their information, the equipments are still lying in possession of the respondent at their addresses, as given in the Memo of Parties.
13. He further submits that the description of the equipments, is as per the technical specifications given by the petitioner, which is based upon the contractual requirements of the petitioner with L&T.
14. It is further submitted that the petitioner has also invoked arbitration under Clause 13.[1] of the General Terms and Conditions, which form part of the Purchase Order between the parties, vide a notice dated 24th April, 2026 under Section 21 of the Arbitration Act.
15. Attention of this Court has been drawn to said Clause 13.1, which contains the Arbitration Clause in the following manner: “xxx xxx xxx xxx xxx xxx”
16. In view of the submissions made before this Court, the matter requires consideration.
17. Issue notice to the respondent, by all modes.
18. Let reply be filed within a period of four weeks, from today.
19. Rejoinder thereto, if any, be filed within a period of two weeks, thereafter.
20. This Court notes the submissions made by learned Senior Counsel appearing for the petitioner that the petitioner is executing a highly critical contract for its end-client, i.e., L&T, for supply, integration and commissioning of security systems in power plants in Uzbekistan.
21. Since the petitioner had already placed the order with the respondent for obtaining the equipment as per the specific requirement of the petitioner, on account of the respondent failing to supply the said equipment to the petitioner, it is prayed before this Court that interim protection be granted in favour of the petitioner, as well as Local Commissioners be appointed to visit the respondent’s premises to inspect and inventorize the materials received by the respondent from the National Distributor against the petitioner’s requirements.
22. Considering the submissions made before this Court, the Court is of the view that the petitioner has established a prima facie case in its favour. The documentary evidence on record clearly shows that the Purchase Order dated 29th September, 2025 was unconditionally accepted by the respondent.
23. Further, this Court also takes note of the submission made by learned Senior Counsel appearing for the petitioner that the petitioner is ready to deposit post-dated cheques for the contractual amount of Rs. 2,90,40,980/-, even before receipt of the goods. Thus, this Court is of the view that balance of convenience is in favour of the petitioner and against the respondent.
24. At this stage, this Court takes note of the submission made by learned Senior Counsel appearing for the petitioner that the respondent is already in physical possession of the specialized system hardware, in terms of the Purchase Order placed by the petitioner.
25. Considering the aforesaid, this Court is of the view that irreparable loss and injury shall be caused to the petitioner, if interim orders are not passed by this Court.
26. Accordingly, it is directed as follows: i. The respondent is restrained, till the next date of hearing, from returning the specified material/equipment as per the Purchase Order dated 29th September, 2025 of the petitioner to the National Distributor, or selling the same to any third-party. ii. Ms. Dimple Aggarwal, Mob. No.: (+91-8882649853), is appointed as the Local Commissioner, with a direction to visit the following premises of the respondent: 609, 6th floor, Madhuban Building, Building No. 55, Nehru Place, New Delhi – 110019 iii. Mr. Dilip Kumar, Advocate Mob. No.: (+91-9873987294), is appointed as the Local Commissioner, with a direction to visit the following premises of the respondent: The ITHUM Tower, Unit No. 405, 4th Floor, Tower B, Sector -62, Noida, Uttar Pradesh -201301 iv. The Local Commissioners shall inspect the respective premises of the respondent and inventorize the materials lying therein, which are identified by the petitioner/its representative or counsel, as the specified equipment, as per the requirements indicated by the petitioner in the Purchase Order dated 29th September, 2025 placed upon the respondent. v. The learned Local Commissioners, along with a representative of the petitioner and its counsel, shall be permitted to enter upon the premises of the respondent mentioned hereinabove, or any other location/premises, that may be identified during the course of commissions, in order to execute the commissions. vi. Further, the learned Local Commissioners shall be permitted to undertake/arrange for photography/videography of the execution of the commissions. vii. To ensure an unhindered and effective execution of this order, the Station House Officers (“SHOs”) of the respective local Police Stations, are directed to render all assistance and protection to the Local Commissioners, as and when sought. viii. Both the parties shall provide assistance to the learned Local Commissioners, for carrying out the aforesaid directions. ix. The fee of the learned Local Commissioners, to be borne out by the petitioner, is fixed at Rs. 2,00,000/- each (Rupees Two Lakh Only). The petitioner shall also bear all other miscellaneous out-of-pocket expenses, for the execution of the commissions. The fee of the Local Commissioners shall be paid in advance by the petitioner. x. The local commissions shall be executed within a period of one week from today. The Local Commissioners shall file their respective reports within a period of two weeks, from the date on which the commissions are executed.
27. The learned Local Commissioners shall carry copy of this order for execution of the commissions and a copy of the same shall be served upon the respondent by the learned Local Commissioners at the time of execution of the commissions.
28. The order passed today shall not be uploaded for a period of two weeks, for enabling the execution of the local commissions.
29. Dasti under signatures of the Court Master.
30. List the petition before the Court on 02nd September, 2026. MINI PUSHKARNA, J MAY 5, 2026