NTPC LIMITED vs STARCON INFRA PROJECTS INDIA PVT LTD

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: 07th MARCH, 2025 IN THE MATTER OF: + O.M.P. (COMM) 234/2024 & I.A. 29934/2024, I.A. 29936/2024 NTPC LIMITED .....Petitioner Through: Mr Puneet Taneja, Mr Amit Yadav, Mr Anil Kumar, Mr Manmohan Singh Narula, Advocates. versus STARCON INFRA PROJECTS INDIA PVT LTD .....Respondent Through: Mr. Pawan Upadhyay, Mr. Rishab Khare, Mr. Anmol Wadhwa, Advocates. CORAM: HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD JUDGMENT 1. The Petitioner has approached this Court under Section 34 of the Arbitration & Conciliation Act, 1996 challenging the Order dated 11.04.2024 passed by the Arbitral Tribunal consisting of a Sole Arbitrator dismissing an application filed by the Petitioner/Counter-Claimant under Section 23(3) of the Arbitration and Conciliation Act, 1996. 2. Shorn of unnecessary details, the facts leading to the present petition are as under:- i. It is stated that the Petitioner herein floated a tender for "Construction of Roads and Drains in Solapur STPP" for a total order value of Rs.22,35,16,730/-. It is stated that the Respondent made a bid. It is stated that a Letter of Award dated 18.10.2019 was issued in favour of the Respondent herein and the Contract Agreement had Signature Not Verified Digitally Signed By:RAHUL SINGH O.M.P. (COMM) 234/2024 etc. Page 1 of 11 Signing Date:10.03.2025 17:30:47 been executed between the parties. It is stated that the work was to be completed within 15 months from the scheduled date of work. ii. It is stated that disputes have arisen between the parties under the said Letter of Award and a Petition under Section 11(6) of the Arbitration and Conciliation Act, 1996 being ARB. P. No.1367/2022 was filed by the Respondent for the appointment of an Arbitrator. Vide Order dated 27.02.2023, this