ROSHAN REAL ESTATES PVT LTD vs GOVERNMENT OF NCT OF DELHI

Judgment text excerpt

$~J * IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment reserved on: 07.05.2025 Judgment pronounced on: 01.07.2025 + O.M.P.(T)(COMM.) 23/2025 ROSHAN REAL ESTATES PVT LTD .....Petitioner Through: Ms. Anusuya Salwan, Adv. versus GOVERNMENT OF NCT OF DELHI .....Respondent Through: Mr. Tushar Sannu with Mr. Aman Kumar, Advs. CORAM: HON’BLE MR. JUSTICE JASMEET SINGH JUDGMENT : JASMEET SINGH, J 1. This is a petition filed under Section 14 and 15 of the Arbitration and Conciliation Act, 1996 (for brevity “the Act”) seeking termination of the mandate of the arbitrator, Mr. B.B. Dhar (for brevity “the appointed arbitrator”), appointed vide the order dated 10.02.2025 passed by this Court and appointment of another independent arbitrator to adjudicate the disputes between the parties. FACTUAL BACKGROUND 2. The brief facts of the case as per the petition are that Roshan Real Estates Pvt. Ltd. (for brevity “the petitioner”) was awarded a Central Public Works Digitally Signed By:MAYANK Signing Date:01.07.2025 O.M.P.(T)(COMM.) 23/2025 Page 1 of 22 17:08:31 Department (for brevity “CPWD”) contract vide the letter of acceptance dated 05.01.2019 for an amount of Rs.71,94,05,800/- for constructing additional classrooms, laboratories, toilets and allied services at 7 government schools in South-East Delhi. The works were completed to the satisfaction of the respondent and the petitioner raised its final bill for Rs.20,73,39,891/- on 23.05.2022. When payment was released in March 2023, the respondent unilaterally reduced the amount to Rs.5,09,52,388/- giving rise to multiple monetary claims and disputes. 3. Clause 25 of the General Conditions of the Contract (for brevity “GCC”) prescribes a three-tier dispute-resolution mechanism: decision by the Superintending/Chief Engineer, reference to a