DELHI METRO RAIL CORPORATION LTD. vs HCC SAMSUNG JV

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: 20th FEBRUARY, 2025 IN THE MATTER OF: + O.M.P. (COMM) 381/2024 & I.A. 38567/2024 DELHI METRO RAIL CORPORATION LTD. .....Petitioner Through: Mr. Tarun Johri, Mr. Ankur Gupta and Mr. Vishwajeet Tyagi, Advocates. versus HCC SAMSUNG JV .....Respondent Through: Mr. Dayan Krishnan, Senior Advocate with Mr. Nitin Bhatia, Mr. Deepank Singhal, Ms. Simran Rao, Mr. Shridhar, Ms. Yugandhara Pawar Jha, Ms. Yasha Goyal, Advocates. CORAM: HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD JUDGMENT 1. The Petitioner has filed this petition under Section 34 of the Arbitration & Conciliation Act, 1996 challenging an Award dated 23.02.2024 passed in favour of the Respondent, specifically with respect to Claim No.1, 2, 3 & 6 whereby the Respondent was awarded a sum of Rs.60,28,15,579/-. 2. The brief facts giving rise to the present petition are as follows:- i. On 30.08.2012, notice inviting tender was issued by the Petitioner for design, construction of tunnels from Ch. (-) 830.912 near Janakpuri West underground station to Palam underground metro station (excluding Ch. (+) 4591.630) by shield TBM; Janakpuri Signature Not Verified Digitally Signed O.M.P. (COMM) 381/2024 Page 1 of 15 By:RAHUL SINGH Signing Date:25.02.2025 12:33:15 West, Dabri Mor and Dashrath Puri underground metro stations by cut and cover method and works in connection with interchange facilities between existing elevated metro stations and proposed underground metro station at Janakpuri West on Janakpuri West-Kalindi Kunj corridor under the Delhi MRTS project Phase III. ii. The Respondent submitted its bid for the said tender on 23.11.2012 and emerged as the successful bidder. A Letter of Acceptance dated 07.02.2013 was issued in favour of the Respondent for a value of Rs.