DDA vs M/S HARJINDER BROTHERS

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment Reserved on: 04.12.2025 Judgment pronounced on:11.12.2025 + FAO 475/2013 and CM APPL. 20058/2013 DDA .....Appellant Through: Ms. Chand Chopra and Ms. Anshika Prakash, Advocates for Mr. Sanjay Katyal, Standing Counsel. versus M/S HARJINDER BROTHERS .....Respondent Through: None. CORAM: HON'BLE MS. JUSTICE CHANDRASEKHARAN SUDHA JUDGMENT CHANDRASEKHARAN SUDHA, J. 1. This is an appeal under Section 37(1)(b) of the Arbitration and Conciliation Act, 1996 (the Act), filed by the petitioner/DDA in CS 95/2023 on the file of the learned Additional District Judge-12, Central District, Delhi aggrieved by the order dated 13.08.2013, whereby the application filed by them under Section 34 of the Act was dismissed. 2. The parties herein shall be referred to in the same rank as they are arrayed in the claim before the Arbitrator. Signature Not Verified FAO 475/2013 Page 1 of 30 Signed By:KOMAL DHAWAN Signing Date:11.12.2025 17:12:03 3. Initially, the claimant filed a suit for recovery of an amount of ₹5,00,000/- against the respondent/ defendant/ Delhi Development Authority (the DDA). In the plaint, it was alleged thus:- The claimant a registered partnership Firm duly registered under the Indian Partnership Act, 1932, is a registered contractor with the DDA. The DDA invited sealed item rate tenders for construction of 103 dwelling units in Pocket-3, Sector-9, Dwarka, New Delhi. As the rates offered by the claimant was the lowest amongst all the tenderers, the same was accepted by the DDA. An agreement no. EE/WD-6/AC/94-95 was executed between the parties on 25.08.1994. As per the agreement, the date for starting of the work was 02.09.1994. The time allotted for completion of the work was 18 months. The stipulated date of completion of