The Firm represented Oil and Natural Gas Corporation Ltd. (ONGC) before the Hon’ble High Court of Delhi, against a competence assessment company (“Petitioner”) which develops and delivers standardized and customized tests across the country.

The Petitioner has inter-alia challenged the termination of the contract and the initiation of enquiry by ONGC. The Petitioner has claimed that the letter of termination does not specify any cause of dissatisfaction and does not afford any opportunity to rectify the same. The Petitioner alleged that during the enquiry it would be on an automatic “holiday” as neither, any tender enquiry would be issued nor its offer would be considered for any ongoing tender.

The Firm argued that the Writ Petition was not maintainable as the disputes by the Petitioner arise out of alleged breach of contract. The Delhi High Court held that the claims of the Petitioner are unmerited and the controversy over the termination of the contract is squarely covered within the Arbitration Clause. The Court held that decision of any authority not to enter into a contract with a party cannot be faulted with if the decision is founded on cogent reasons and does not fall foul of Article 14 of the Constitution of India.

The Firm advised, strategized and instituted proceedings for recovery of a sum of over Rs.1900 Crore on behalf of Lenders (Power Finance Corporation, Housing, and Urban Development Corporation Ltd. and India Infrastructure Finance Company Ltd.). The proceedings for recovery of the amount have been initiated under the provisions of the RDDB&FI Act, 1993 and the same are pending adjudication before Debts Recovery Tribunal-II, Delhi. The Firm has been instrumental in obtaining certain interim reliefs for the Lenders as the amount for recovery involved in the matter is very high. The Firm has obtained reliefs such as (i) restrain on Defendants from alienating any of their movable and immovable assets, (ii) restrain on transfer by way of sale, lease or otherwise any of their assets, (iii) any sale proceeds to be deposited with Lender holding interest on the said asset. Defendants have been further directed to file a detailed affidavit of assets. The scope of work included advising, strategizing and drafting of the Original Application, coordinating with Lenders and appearing before the Debts Recovery Tribunal and protecting the interest of the Lenders involved.