AMIT ENGINEERS vs UNION OF INDIA AND ANR.

Judgment text excerpt

2025:BHC-OS:24764 Megha 106_carbp_847_2024_fc.docx IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION COMMERCIAL ARBITRATION PETITION NO.847 OF 2024 M/s. Amit Engineers ...Petitioner V/s. Union of India and Anr. ...Respondents ______________ Ms. Minakshi Jyoti with Mr. Anmol Jain i/b. Dr. Prem S. Motiramani for the Petitioner. Mr. Narayan R. Bubna for the Respondents. ______________ CORAM: SANDEEP V. MARNE, J. DATED: 8 DECEMBER 2025. Judgment: 1) Petitioner has filed the present Petition under Section 34 of the Arbitration and Conciliation Act, 1996 (the Arbitration Act) challenging the Award of the sole Arbitrator dated 31 May 2021. By the impugned Award, the learned Arbitrator has rejected all the claims raised by the Petitioner. 2) The Petitioner is a government contractor, undertaking various contracts for the Railways. The Respondent-Central Railway invited tenders for the work of ‘Annual Maintenance Contract of RMPUs’ of M/s. Sidwal Fedders Liayd, Amit Engineers, Amber Enterprises and Daulatram industries make fitten in AC coaches in Page No. 1 of 14 8 December 2025 Megha 106_carbp_847_2024_fc.docx Mumbai, Bhusawal (at MMR), Nagpur, Solapur and Pune Division for a period of three years at contract value of Rs.5,74,72,366/-. Petitioner’s tender for 34% above the tendering cost was accepted and the Petitioner was awarded work order for 36 months commencing from 15 September 2010 to 14 September 2013. The Petitioner continued performing the work during currency of the contract and for a period of four months in excess and claims to have carried out work till 31 December 2013 to the extent of Rs.6,05,01,881.00. The disputes arose between the parties with regard to claims raised by the Petitioner. The Petitioner invoked arbitration clause by