MAHAKALESHWAR INFRATECH PVT. LTD. vs CHIEF ENGINEER, NATIONAL HIGHWAYS, UPPWD

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Reserved on : 17.01.2025 Pronounced on : 18.02.2025 + O.M.P. (COMM) 21/2025 & I.A. Nos. 840-41/2025 MAHAKALESHWAR INFRATECH PVT. LTD ......Petitioner Through: Ms. Suvir Sharma, Ms. Anushka Nayyar, Mr. Shiv Azad Sharma, Mr. Syed Meesam Asghar and Mr. Charchit Talwar, Advocates. versus CHIEF ENGINEER, NATIONAL HIGHWAYS, UPPWD.....Respondent Through: None. CORAM: HON'BLE MR. JUSTICE MANOJ KUMAR OHRI JUDGMENT 1. The present petitions have been filed raising objections under Section 34 of the Arbitration & Conciliation Act, 1996 (hereafter, the “A&C Act”) against the Arbitral Award dated 23.09.2024 (hereafter, the “impugned award”) delivered by the Arbitral Tribunal comprising of Sole Arbitrator (hereafter, “AT”) with respect to dismissal of petitioner/claimant‟s (hereafter, “the Claimant”) Claims No. 2, 5 and 6. 2. The impugned award came to be delivered in the context of Contract Agreement dated 11.04.2018 (hereafter, the “Contract”) which came to be executed in consequence of a Public Tender invited by the respondent for the project of “REHABILITATION AND UPGRADATION OF KULPAHAR-MAHOBA SECTION (KM 133.520 to 158.040) OF NH-76 & NH-86 (5.360 KM.) IN THE STATE OF UTTAR PRADESH TO TWO LANE WITH PAVED SHOULDER UNDER EPC MODE.” Signature Not Verified Digitally Signed O.M.P. (COMM) 21/2025 Page 1 of 9 By:GAUTAM ASWAL Signing Date:18.02.2025 18:35:46 The Claimant was declared as the successful bidder and awarded the project vide Letter of Acceptance dated 04.04.2018. The Contract was entered into on 11.04.2018 for a contract value of Rs. 94,50,00,000/- (hereafter, “Contract Price”). The Schedule Completion Period was of 550 days from the declaration of Appointed Date which was declared as 20.08.2019. The scheduled completion date was 2