PLR HC RBR JV vs UNION OF INDIA

Judgment text excerpt

CARBP.51.2024.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION COMMERCIAL ARBITRATION PETITION NO.51 OF 2024 Union of India Through The General Manager Central Railway ...Petitioner Versus PLR HC RBR JV ...Respondent WITH INTERIM APPLICATION (L) NO.20681 OF 2024 IN COMMERCIAL ARBITRATION PETITION NO.51 OF 2024 PLR HC RBR JV ….Applicant IN THE MATTER BETWEEN Union of India Through The General Manager Central Railway ...Petitioner Versus PLR HC RBR JV ...Respondent Mr. R.V. Govilkar, Senior Advocate for the Petitioner. Mr. Vishwajit P. Sawant, Senior Advocate a/w. Vasudeva Naidu i/b. Prabhakar M. Jadhav, Advocates for Respondent. CORAM : SOMASEKHAR SUNDARESAN, J. RESERVED ON : FEBRUARY 28, 2025. PRONOUNCED ON : JUNE 24, 2025. JUDGEMENT: Context and Factual Background: 1. This is a Petition under Section 34 of the Arbitration and Conciliation Act, 1996 (“the Act”) challenging an arbitral award dated Digitally signed by AARTI AARTI GAJANAN GAJANAN PALKAR PALKAR Date: May 31, 2023 (“Impugned Award”) in connection with disputes and 2025.06.24 17:41:02 Page 1 of 31 +0530 June 24, 2025 Aarti Palkar CARBP.51.2024.doc differences relating to an agreement dated September 24, 2018 (“Agreement”). The Agreement relates to work connected with the railway line between Wardha and Nanded and related to embankment, cutting including bridge approaches, trolley refuges, construction of side drains, minor bridges etc. 2. The Agreement was preceded by a tender notice dated October 25, 2017, issued by the Petitioners (collectively, “ Railways”). The offer made by the Respondent, a joint venture (“ Contractor”) had been accepted by a letter of acceptance dated May 24, 2018, indicating the approximate value of contract at Rs. ~124.96 crores. The completion deadl