COURT NO.1

HIGH COURT OF SIKKIM : GANGTOK

Record of Proceedings

Page 1 of 2

WA No. 05/2025

TT ENERGY PRIVATE LIMITED APPELLANT (S)

VERSUS

PRINCIPAL CHIEF ENGINEER CUM SECRETARY,

ENERGY AND POWER DEPARTMENT,

GOVERNMENT OF SIKKIM & ANR. RESPONDENT (S)

For Appellant : Mr. Karma Thinlay, Senior Advocate with Mr. T.R.

Barfungpa, Mr. Pranav Malhotra, Mr. Zamyang N.

Bhutia and Ms. Parvin Manger, Advocates.

For Respondents : Mr. Thinlay Dorjee Bhutia and Mr. Yadev Sharma,

Government Advocates.

Date: 13/11/2025

CORAM:

HON’BLE MR. JUSTICE BISWANATH SOMADDER, CHIEF JUSTICE

HON’BLE MR. JUSTICE BHASKAR RAJ PRADHAN, JUDGE

…

ORDER : (per the Hon’ble, the Chief Justice )

This is an Intra-Court Mandamus Appeal (wrongly described as a Letters

Patent Appeal) preferred by the writ petitioner, in respect of an order dated 30

th

October, 2025, passed by the learned Single Judge, in I.A. No. 01 of 2025,

connected to WP(C) No. 68 of 2025 (TT Energy Private Limited Vs. Principal Chief

Engineer-cum-Secretary, Energy and Power Department, Government of Sikkim

& Another).

By the impugned order, the learned Single Judge proceeded to dismiss the

interlocutory application wherein the writ petitioner was seeking some ad interim

relief, primarily on the ground that the writ petitioner has failed to come to Court

with clean hands.

After perusing the pleadings which were considered by the learned Single

Judge, we are of the view that there has been no gross suppression of material

facts inasmuch as the writ petitioner has disclosed the material fact of invoking

the arbitration clause, which appears from the averments made in paragraphs w,

COURT NO.1

HIGH COURT OF SIKKIM : GANGTOK

Record of Proceedings

Page 2 of 2

x and y of the writ petition (page no. 226 of the appeal papers). The prayer for

an ad interim stay made before the learned Single Judge by the appellant/writ

petitioner was in respect of a Request for Proposal (RFP) dated 19

th

September,

2025, whereby, application/proposal for development of Ting Ting Hydroelectric

Project on river, Rathong Chu, on ‘as is where is’ was invited by the respondent

no. 1, being the Principal Chief Engineer-cum-Secretary, Energy and Power

Department, Government of Sikkim and the consequent bidding process, during

pendency of the writ petition.

We are of the view that although there should not be any blanket order of

stay — in the manner as prayed for by the writ petitioner — if any

application/proposal is tendered by any third party and consequent thereto

further steps are taken by the respondent no. 1, the same shall abide by the

result of the writ petition, which shall be disposed of as expeditiously as possible

by the learned Single Judge after hearing the parties. For the purpose of

expediting hearing of the writ petition, we direct the respondents to file their

affidavit-in-opposition to the writ petition within three (03) weeks from date;

reply thereto, if any, within a fortnight thereafter and the matter, being

WP(C)No. 68 of 2025, be listed for hearing immediately after the winter vacation.

We make it clear that while finally deciding the writ petition, the learned

Single Judge shall not be prejudiced by any observation made hereinabove in any

manner.

The writ appeal, being W.A. No. 05 of 2025, alongwith the connected

application, being I.A. No. 01 of 2025, stands disposed of accordingly.

(Bhaskar Raj Pradhan) (Biswanath Somadder)

Judge Chief Justice

jk/bp/ami