SHYAMA PRASAD MUKHERJEE COLLEGE vs HARCHARANDASS GUPTA & ANR.

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: 08th JULY, 2025 IN THE MATTER OF: + O.M.P. (COMM) 52/2025 & I.A. 2352/2025 SHYAMA PRASAD MUKHERJEE COLLEGE .....Petitioner Through: Mr. K.K. Sharma, Sr. Advocate with Ms. Bhanita Patowary, Mr. Ram Pravesh Rai, Mr. Pranav Pareek, Advocates. versus HARCHARANDASS GUPTA & ANR. .....Respondents Through: Mr. Sunil K Mittal, Mr. Anshul Mittal, Mr. Sarthak Tagra, Ms. Khushi Aggarwal, Advocates. Mr. Varun Nischal, Advocate for Respondent No.2 along with Mr Mukesh Kumar legal Incharge (HPL) CORAM: HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD JUDGMENT 1. The present petition under Section 34 of the Arbitration & Conciliation Act, 1996 (hereinafter referred to as 'the Arbitration Act') has been filed by the Petitioner challenging the impugned arbitral award dated 24.10.2024, (hereinafter referred to as 'the Impugned Award') passed by the learned Sole Arbitrator. 2. The facts leading to the filing of the present petition are as follows: a. It is stated that the Petitioner, Shyama Prasad Mukherjee College for Women, is an educational institution functioning under the Signature Not Verified Digitally Signed O.M.P. (COMM) 52/2025 Page 1 of 24 By:RAHUL SINGH Signing Date:14.07.2025 18:59:12 aegis of the University of Delhi and aided by UGC. The Petitioner/College had, in or around the year 2010, resolved to undertake construction of an additional academic block within its premises and, for the said purpose, engaged Hindustan Prefab Limited (Respondent No. 2), a public sector undertaking, as the executing agency. b. It is stated that an agreement was entered into between the Petitioner/College and Respondent No. 2 on 22.12.2010, whereby the latter was entrusted with the execution of the construction project. As per the terms of the ag