NATIONAL PROJECT CONSTRUCTIONS CORPORATION LTD vs M/S S S SHARMA AND COMPANY

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: 02nd JULY, 2025 IN THE MATTER OF: + FAO (COMM) 89/2023 NATIONAL PROJECT CONSTRUCTIONS CORPORATION LTD .....Appellants Through: Mr. Rajat Arora & Ms. Mariya Shahab, Advs. versus M/S S S SHARMA AND COMPANY .....Respondent Through: Mr. S. C. Juneja, Ms. Hema Malik & Mr. Sanjay Mishra, Advs. CORAM: HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD HON'BLE MR. JUSTICE HARISH VAIDYANATHAN SHANKAR JUDGMENT SUBRAMONIUM PRASAD, J. 1. The present Appeal filed under Section 37 of the Arbitration and Conciliation Act, 1996 assails the Order dated 20.12.2022 passed by the learned Additional District Judge, South-01, Saket (hereinafter referred to as “ADJ”) in CS No. 146/2018 whereby the application filed by the Appellant, under Section 34 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as “Act ”) challenging the Arbitral Award dated 15.10.2003, was dismissed. 2. The facts as stated in the petition are as follows a. National Project Construction Corporation Limited (hereinafter referred to as the Appellant) is a government company that was Signature Not Verified Digitally Signed FAO (COMM) 89/2023 Page 1 of 15 By:SHAZAAD ZAKIR Signing Date:04.07.2025 12:37:56 awarded a contract by Sardar Sarovar Narmada Nigam Limited (hereinafter referred to as SSNNL/ principal employer) for the construction of four (4) aqueducts at rivers Deo, Karad, Mesari and Kun. b. The impugned judgment pertains to the dispute arising out of the construction of aqueducts over river Kun which was also the subject matter of the award dated 15.10.2003. c. The construction of these aqueducts involved operations of civil construction, and well sinking was an integral part of the said construction process. d. The Appellant issued a work order for