HMBS TEXTILES PRIVATE LIMITED vs MINISTRY OF ROAD TRANSPORT AND HIGHWAYS, NEW DELHI

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 30.01.2025 + ARB.P. 1127/2022 M/S HMBS TEXTILES PRIVATE LIMITED .....Petitioner Through: Mr.Sahil Garg, Mr.Abhinav Jain, Ms. Samikshi Jain and Mr.Mithil Malhotra, Advocates. versus MINISTRY OF ROAD TRANSPORT AND HIGHWAYS, NEW DELHI .....Respondent Through: Mr.Shubhranshu Padhi, Mr.Jay Nirupam, Mr.D.Girish Kumar, Mr.Pranav Giri, Mr.Ekansh Sisodia and Mr.P. Prasad, Advocates. CORAM: HON'BLE MR. JUSTICE MANOJ KUMAR OHRI JUDGMENT (ORAL) 1. The present petition has been instituted u/s 11 of the Arbitration & Conciliation Act, seeking appointment of an independent and impartial Sole Arbitrator for adjudication of the disputes that have arisen between the parties. 2. Petitioner claims that on 29.09.2021, Respondent invited/floated tender for „providing permanent restoration to valley side slips occurred during monsoon of 2019-20 by soil nailing with tie back system to RCC retaining walls from Km 86.200 to 99.200 (Charmadi Ghat) of NH-73 (old Signature Not Verified Digitally Signed ARB.P. 1127/2022 Page 1 of 8 By:GAUTAM ASWAL Signing Date:14.02.2025 13:08:50 NH-234), Mangalore-Tumkur Section on Engineering, NH- 73-KNT-2019- 20-904)’. That the Petitioner Company being eligible for the Tender submitted its bids as per the quantities and specifications provided in the NIT and the GCC. Petitioner Company was declared as the Lowest Bidder (L1) and accordingly LOA dated 09.12.2021 was issued, constituting a duly binding agreement between the parties. After the execution of which, the contract agreement in terms of the NIT and LOA was to be executed between the Parties. It is stated that the said agreement provided was for different quantities (as specified in Schedule -B) than the ones mutually agreed between the parties v