ANIL BHATIA vs N B C C LTD & ANR

Judgment text excerpt

$~4 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of decision: 24th April, 2025 + FAO 247/2015 & CM APPL. 14313/2015 ANIL BHATIA .....Appellant Through: Mr. R. Krishnaamorthi, Adv. versus N B C C LTD & ANR .....Respondents Through: Mr. Tushar Sannu and Ms. Ankita Sannu, Advs. CORAM: HON'BLE MR. JUSTICE DHARMESH SHARMA DHARMESH SHARMA, J. (ORAL) 1. Having heard the learned counsels for the parties and on perusal of the record, this Court has no hesitation in holding that the present petition under Section 37 of the Arbitration and Conciliation Act, 1996 1 filed by the appellant assailing the impugned judgment dated 18.11.2014 passed by the learned District and Session Judge, South- East, Saket Courts, New Delhi, whereby the appeal under section 34 of the A.C. Act was dismissed for being bereft of any merits. 2. In a nutshell, the appellant was awarded a work contract by the respondent for fixing of Dash fasterners at the Central Board of Secondary Education2 building at Preet Vihar, in terms of the tender notice dated 01.10.1999, for a sum of Rs. 9 lakhs, to which response dated 12.10.1999 was filed by the appellant and the terms and 1 A.C. Act 2 CBSE Signature Not Verified FAO 247/2015 Digitally Signed By:PRAMOD Page 1 of 7 KUMAR VATS Signing Date:30.04.2025 16:53:59 conditions of the work contract were formulized and the appellant agreed to charge 2% for barricading, Labour and Security Man instead of 5% on the total cost of the work since CBSE was an educational institution. It was also negotiated by the appellant that the Running Bill will be paid to him within seven days by the respondent No.1 after receipt of bill amount from CBSE, and thereafter, the final bill shall be submitted within 15 days of such Running Bill. 3. The grievance of the appellant was that de