LARSEN & TOUBRO LIMITED vs RAIL VIKAS NIGAM LIMITED

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Reserved on : 03.03.2025 Pronounced on : 01.07.2025 + O.M.P. (COMM) 278/2017 M/S LARSEN & TOUBRO LIMITED. ..... Petitioner Through: Mr. Manu Seshadri, Mr. Siddharth Shekliar, Mr. Rishi Rai Mukherjee, Mr. Sahil Manganani and Ms. Aakriti Gupta, Advocates. Versus RAIL VIKAS NIGAM LIMITED ..... Respondent Through: Mr. Udit Seth, Mr. Anil Seth, Mr. Divyanshu Singh and Mr. Vivek, Advocates CORAM: HON'BLE MR. JUSTICE MANOJ KUMAR OHRI JUDGMENT 1. The present petition has been filed under Section 34 of the Arbitration & Conciliation Act, 1996 (hereafter, the „A&C Act‟) seeking setting aside of impugned award dated 31.03.2017 passed by the Arbitral Tribunal comprising of three Arbitrators (hereafter, „AT‟) with respect to rejection of Claim No.1 for idling of men, machinery and resources. 2. The impugned award came to be delivered in the context of contract dated 15.12.2011 which came to be executed for the work of “Construction of viaduct including related works for 5.400 km length excluding station areas from Ch. 20006.60 to Ch. 26394.60 between CBD -1 to Rabindra 2011. As per the terms of contract, the completion period for work was 30 months fr