M/S SIDDHARTHA CONSTRUCTION CO. vs INDIA TOURISM DEVELOPMENT CORPORATION & ANR.

Judgment text excerpt

$~101 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: 2nd April, 2025 + FAO(OS) (COMM) 127/2022 & CM APPL. 23593/2022 M/S SIDDHARTHA CONSTRUCTION CO. .....Appellant Through: Mr. Meenal Garg, Mr. Rishab Kumar and Ms. Mehak Kanwar, Advs. versus INDIA TOURISM DEVELOPMENT CORPORATION &ANR. .....Respondents Through: Mr. Anish Chawla, Adv. CORAM: JUSTICE PRATHIBA M. SINGH JUSTICE RAJNEESH KUMAR GUPTA Prathiba M. Singh, J. (Oral) 1. This hearing has been done through hybrid mode. 2. The present appeal has been filed by the Appellant- M/s. Siddhartha Construction Co. under Section 37 of the Arbitration and Conciliation Act, 1996 (hereinafter “the Act”), against the order dated 14th September, 2021, passed by the ld. Single Judge in OMP (Comm.) 184 of 2021 titled M/s Siddharth Constructions Co. v. India Tourism Development Corporation Ltd (hereinafter “Impugned Order”). 3. Vide the Impugned Order, the ld. Single Judge dismissed the Appellant’s application under Section 34 of the Act inter alia seeking to set aside of the arbitral award dated 09th May, 2020 passed by the Sole Arbitrator (hereinafter “the award”). Signature Not Verified Signed By:KESHAV FAO(OS) (COMM) 127/2022 Page 1 of 12 Signing Date:05.04.2025 17:02:02 4. The brief background of the case is that the India Tourism Development Corporation (hereinafter, ‘ITDC’) had awarded the work of building a memorial named “Memorial Of Smt. Vidyavati Ji Mother Of Great Martyr Shaheed Bhagat Singh Ji” to the Appellant vide agreement dated 2nd July, 2012 (hereinafter, ‘the agreement’). The value of the work was approximately Rs. 3.67 crores and the same was to be completed within twelve months. 5. Disputes arose between the parties in respect of the delays which occurred in completion of the work. The project was fin