Section 9 Petition : Whether Maintainable For Disputes Arising Under A Power Purchase Agreement

I. Introduction

Delhi High Court's recent decision in Renew Wind Energy (AP2) Pvt. Ltd. v. Solar Energy Corporation of India reported at 2025 SCC OnLine Del 8252 is one of those judgments that quietly, but decisively, reshapes the way disputes in the power sector will be resolved for years to come. The case involved a petition under Section 9 of the Arbitration and Conciliation Act, 1996 ("A&C Act") filed by a wind power generator seeking protection against probable unilateral recovery by Solar Energy Corporation of India ("SECI"). The Court while dismissing the petition has discussed in detail the circumstances under which a section 9 petition would not be maintainable in case of disputes arising out of Power Purchase Agreements ("PPA"), despite existence of an arbitration clause.