AIRPORTS AUTHORITY OF INDIA vs EAST INDIA CONSTRUCTION COMPANY LTD.

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: 03rd FEBRUARY, 2025 IN THE MATTER OF: + O.M.P. (COMM) 146/2023 & I.A. 7374/2023 AIRPORTS AUTHORITY OF INDIA .....Petitioner Through: Mr. Digvijay Rai, Ms. Chetna Rai, Mr. Archit Mishra and Mr. Raghib Ali Khan, Advocates with Mr.Gagan Kochar-Manager Law versus EAST INDIA CONSTRUCTION COMPANY LTD. .....Respondent Through: Ms. Anusuya Sadhu Sinha and Mr.Tavdeep Singh, Advocates CORAM: HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD JUDGMENT 1. The Petitioner/Airports Authority of India has filed the present petition under Section 34 of the Arbitration & Conciliation Act, 1996 challenging an Award dated 20.12.2022 passed by the learned Sole Arbitrator. 2. Shorn of unnecessary details, the facts leading to this petition are as under:- i. The Petitioner issued a tender for 'resurfacing of existing runway at Biju Patnaik International Airport, Bhubaneswar'. It is stated that the Respondent participated in the tender and submitted its bid. It is stated that the bid of the Respondent was accepted by the Petitioner and the same was communicated to the Respondent on 24.10.2019. By the said communication, the Signature Not Verified Digitally Signed By:HARIOM SINGH KIRMOLIYA O.M.P. (COMM) 146/2023 Page 1 of 27 Signing Date:07.02.2025 19:50:48 Respondent was informed that the amount of earnest money deposit of Rs.46,78,000/- which was submitted along with the tender by the Respondent was treated and converted as a part of security deposit. The Respondent was further directed to deposit a sum of Rs. 71,07,816/- towards the security deposit. The Respondent was also directed to submit a performance bank guarantee for a sum of Rs.1,17,85,816/- as per the tender document. ii. Material on record indicates that the Respondent submitted the