DELHI TRANSCO LTD vs KEC INTERNATIONAL LTD

Judgment text excerpt

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment reserved on: 29.04.2025 Judgment pronounced on: 21.05.2025 + FAO(OS) (COMM) 162/2023 and C.M. Appl. No. 39824/2023 DELHI TRANSCO LTD .....Appellant Through: Ms. Avnish Ahlawat, Standing Counsel with Mr. N.K. Singh, Ms.Laavanya Kaushik, Ms. Aliza Alam, Mr. Mohnish Sehrawat and Mr.Amitoj Chadha, Advocates. versus KEC INTERNATIONAL LTD .....Respondent Through: Ms. Payal Chandra, Mr. Rhythm Buaria and Mr. Yashraj Samant, Advocates. CORAM: HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD HON'BLE MR. JUSTICE HARISH VAIDYANATHAN SHANKAR JUDGMENT HARISH VAIDYANATHAN SHANKAR, J. 1. The present appeal under Section 37 of the Arbitration & Conciliation Act, 19961, has been preferred by the Appellant challenging the judgment of the learned Single Judge dated 24.05.20232, whereby the Learned Single Judge has upheld the Award dated 29.01.2015 passed by the learned Arbitral Tribunal3. 2. The Appellant herein lays challenge to the impugned judgment on the ground that same upholds the “perverse reasoning” given by the Ld. AT while making the Impugned Award. It is further contended by 1 A & C Act 2 Impugned Judgment 3 Ld. AT Signature Not Verified Digitally Signed By:HARVINDER KAUR FAO(OS) (COMM) 162/2023 Page 1 of 13 BHATIA Signing Date:24.05.2025 18:52:56 the Appellant that the Impugned Award is also liable to be set aside on the ground that it suffers from patent illegality due to lack of any evidence to substantiate the claims of the Respondent/claimant. To buttress this argument, the Appellant would contend the following: a. While the Ld. AT has placed reliance on the Chartered Accountant’s Certificates4 for the claims with respect to the „Basic Idling Claim‟ and „interest on claim of basic idling of work‟, no evidence was led by the Respo