M/S MAGO CONSTRUCTION PVT. LTD. vs UNION OF INDIA THROUGH DIRECTOR GENERAL, MARRIED ACCOMODATION PROJECT & ANR.

Judgment text excerpt

$~J * IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment pronounced on: 28.03.2025 + ARB.P. 1669/2024 M/S MAGO CONSTRUCTION PVT. LTD. .....Petitioner Through: Ms. Simran Mehrotra, Advocate. versus UNION OF INDIA THROUGH DIRECTOR GENERAL, MARRIED ACCOMODATION PROJECT & ANR. .....Respondents Through: Mr. B.S. Shukla, CGSC and Mr. Gokul Sharma, GP. CORAM: HON'BLE MR. JUSTICE SACHIN DATTA JUDGMENT 1. The present petition under Section 11(6) of the Arbitration and Conciliation Act, 1996 (hereinafter ‘the A&C Act’) seeks constitution of an arbitral tribunal to adjudicate the disputes between the parties. 2. The disputes between the parties have arisen in the background of a notice inviting tender dated 25.07.2014 bearing no. OGMAP/PHASE II/AGRA/PKG-15(R&C) of 2014-2015 (hereinafter ‘the NIT’) relating to the “completion of balance works of construction of residential accommodation at Agra” for a consideration of Rs. 78.50 crores. The work under the said contract agreement was required to be completed in five phases, across a period of 25 months from the date of handing over of the site. Signature Not Verified ARB.P. 1669/2024 Page 1 of 7 Digitally Signed By:ROHIT KUMAR PATEL Signing Date:29.03.2025 19:44:15 3. A bid was submitted by the petitioner, in response to which, a work order dated 02.02.2015 was issued in favour of the petitioner wherein the date of handing over of the site was mentioned as 19.02.2015. 4. Disputes between the parties have arisen on account of non-payment of the alleged monetary entitlement/s of the petitioner and alleged breach of the terms stipulated in the NIT. 5. Clause 60 of the General Conditions of Contract (GCC), which forms part of the NIT, contains the arbitration agreement and reads as under – “60. Arbitration. All disputes, between the part