DELHI METRO RAIL CORPORATION LTD. vs HCC SAMSUNG JV

* 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 2016. iv. The project could not be completed w