PATEL ENGINEERING LIMITED vs ACRON DEVELOPERS PRIVATE LIMITED

Judgment text excerpt

1-carbp-26-2021.doc jsn IN THE HIGH COURT OF JUDICATURE AT BOMBAY Digitally signed by ORDINARY ORIGINAL CIVIL JURISDICTION JITENDRA JITENDRA SHANKAR SHANKAR NIJASURE IN ITS COMMERCIAL DIVISION NIJASURE Date: 2025.07.14 14:57:41 +0530 COMM ARBITRATION PETITION NO.26 OF 2021 Patel Engineering Ltd. …Petitioner Versus Acron Developers Pvt. Ltd. …Respondent ---------- Mr. Venkatesh Dhond, Senior Counsel with Mr. Rohan Kelkar, Mr. Ravitej Chilumuri, Ms. Muskan Arora and Mr. Kunal Parekh i/b. Khaitan and Co. for the Petitioner. Mr. J.P. Sen, Senior Counsel, Mr. Karl Tamboly with Mr. Hrushi Narvekar, Vivek Vashi, Ms. Shaheda Madraswala, Ms. Rajvi Mehta and Ms. Khushi Dhanesha i/b. Vashi and Vashi for the Respondent. ---------- CORAM : R.I. CHAGLA J. Reserved on : 11TH DECEMBER, 2024. Pronounced on : 14TH JULY, 2025 J U D G M E N T:- 1. By this Commercial Arbitration Petition, the Petitioner has sought for quashing and setting aside of the Award dated 1st February, 2020 of the Majority Arbitral Tribunal (“impugned Award”). There is a dissenting opinion by Mr. R.G. Kulkarni, Secretary, Irrigation (Retired) to Government of Maharashtra. 2. A brief background of facts is necessary and referred to 1/64 1-carbp-26-2021.doc as under:- (i) The Petitioner – Patel Engineering Ltd. had engaged an agency between January to April, 2010 with Company known as VCon for carrying out construction work at Smondoville Residential Apartments at Patel Neo Patel Town, Bengaluru. (ii) The Petitioner had invited tenders of Civil RCC / Architectural Finishing work for seven towers at Smondoville Residential Apartments at Patel Neo Patel Town, Bengaluru (“Project”) on 3rd June, 2010. (iii) The Respondent – Acron Developers Pvt. Ltd. submitted its final offer on 14th and 15th June, 2010 in respect of the