SOUTH DELHI MUNICIPAL CORPORATION OF DELHI vs M/S PKSS INFRASTRUCTURE PRIVATE LIMITED

Judgment text excerpt

IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment delivered on: 14.07.2025 + FAO(OS)(COMM) 369/2019 SOUTH DELHI MUNICIPAL CORPORATION OF DELHI ..... Appellant Versus M/S PKSS INFRASTRUCTURE PRIVATE LIMITED ..... Respondent Advocates who appeared in this case: For the Appellant : Ms. Malvika Trivedi, Sr. Adv. with Mr. Sanjay Vashishtha, Standing Counsel for MCD with Mr. Shailendra Slaria, Mr. Siddhartha Goswami, Mr. Sujal Gupta, Ms. Geetanjali Reddy, Advocates with Mr. Sanjay Sharma, Asst. Commissioner with Mr. Bijender Singh, JSA. For the Respondent : Mr. Sandeep Bajaj, Mr. Soayib Qureshi & Mrs. Chetna Alagh, Advocates. CORAM HON’BLE MR. JUSTICE VIBHU BAKHRU HON’BLE MR. JUSTICE TEJAS KARIA JUDGMENT VIBHU BAKHRU, J. Introduction 1. The Appellant [MCD] has filed the present appeal impugning a judgment dated 08.01.2018 passed by the learned Single Judge in OMP 715/2014 captioned South Delhi Municipal Corporation v. M/s PKSS Signature Not Verified Digitally Signed By:TARUN RANA FAO(OS)(COMM) 369/2019. Page 1 of 25 Signing Date:15.07.2025 15:47:42 Infrastructure Private Limited. The said petition [OMP 715/2014] was filed by MCD under Section 34 of the Arbitration and Conciliation Act, 1996 [the A&C Act] impugning an arbitral award dated 19.03.2014 [the impugned award] passed by an Arbitral Tribunal comprising of a Sole Arbitration [Arbitral Tribunal]. 2. The impugned award was rendered in the context of the disputes that had arisen between the parties in connection with the contract at border points of entry for toll collection in respect of specified commercial vehicles entering Delhi. The term of the contract was three calendar years and contemplated the respondent [Contractor] paying the agreed sum in 36 equal monthly instalments irrespective of the actual collection of