NATIONAL HIGHWAYS AUTHORITY OF INDIA vs M/S PCL-SUNCON

Judgment text excerpt

$~8 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: 24.04.2025 + O.M.P. (COMM) 255/2016 NATIONAL HIGHWAYS AUTHORITY OF INDIA .....Petitioner Through: Mr. KK Sharma, Sr. Adv with Mr. Naman Saraswat, Mr. Ram Pranesh Rai, Advs. versus M/S PCL-SUNCON .....Respondent Through: Mr. Apoorv Kurup, Sr. Adv with Arjun D Singh, Mr. Yimyanger, Ms. Niddhi Mittal, Advs. CORAM: HON'BLE MR. JUSTICE JASMEET SINGH : JASMEET SINGH, J (ORAL) 1. This is a petition filed under section 34 of Arbitration and Conciliation Act, 1996 seeking setting of the impugned majority award dated 27.02.2014 passed by the learned Arbitral Tribunal. 2. Brief facts are that the respondent (Joint Venture) had entered into a Contract with the petitioner i.e. NHAI on 20.09.2001 for execution of the work of Four Laning and strengthening of the existing two Lane Highway from Km 320 to Km 398.75 of NH2 in Jharkhand, Construction Package V-C, the contract price valued at Rs. Digitally Signed O.M.P. (COMM) 255/2016 Page 1 of 13 By:DEEPANSHU MALASI Signing Date:01.05.2025 11:11:18 2,99,71,101.00/-.The Contract was an item rate contract and the respondent had quoted its rate for various items of activities as per Bill of Quantities (“BOQ”) and conforming to the relevant technical specifications. 3. During the execution of the work, a dispute arose between the parties with respect to “non-execution of work of lean concrete bed (100 mm thick) below RCC kerb” (dispute No. 9). 4. In accordance with the arbitration procedure envisaged under the Contract, after completion of the pre-arbitral process, an Arbitral Tribunal of 3 members was formed and the dispute No. 9 was referred to the learned Arbitral Tribunal. 5. The respondent sought to set aside the letters of the petitioner dated 28.10.2010 and 15.12.2010, whe