M/S. JAIPRAKASH HYUNDAI CONSORTIUM vs M/S. SJVN LIMITED

Judgment text excerpt

$~8 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 27.05.2025 + EFA(OS) (COMM) 15/2024, CM No.14977/2025 & 33334/2025 M/S. JAIPRAKASH HYUNDAI CONSORTIUM .....Appellant Through: Mr Lovkesh Sawhney, Senior Advocate with Mr Rohit Kumar and Mr Akash Sharma, Advocates. Versus M/S. SJVN LIMITED .....Respondent Through: Mr Uttam Datt, Senior Advocate with Ms Sonakshi Singh and Mr Kumar Bhaskar, Advocates. CORAM: HON'BLE MR. JUSTICE VIBHU BAKHRU HON'BLE MR. JUSTICE TEJAS KARIA VIBHU BAKHRU, J. (Oral) CM No.33333/2025 (for amendment of the appeal) 1. For the reasons stated in the application, the same is allowed. 2. The application is disposed of. EFA(OS) (COMM) 15/2024, CM No.14977/2025 & 33334/2025 3. The appellant [JHC] has filed the present appeal under Section 13(1A) of the Commercial Courts Act, 2015, inter alia, impugning an order dated 11.07.2024 [impugned order] passed by the learned Single Judge in OMP(ENF.)(COMM) 201/2021 captioned M/s Jaiprakash Hyundai Consortium (JHC) v. M/s SJVN Limited. 4. JHC had filed the afore-mentioned petition [OMP(ENF.)(COMM) 201/2021] under Section 36 of the Arbitration and Conciliation Act, 1996 Signature Not Verified Digitally Signed By:TARUN RANA Signing Date:29.05.2025 EFA(OS) (COMM) 15/2024 Page 1 of 14 15:29:50 [A&C Act] read with Order XXI Rule 11 of the Code of Civil Procedure, 1908 [CPC] for enforcement of the recommendations [the Award] of the Dispute Review Board [DRB] dated 21.12.2006; 04.05.2007 (Review) and 27.06.2007 (Clarification) pertaining to Dispute No. 18 – reimbursement of extra cost for generating power by DG sets1. According to JHC, the DRB’s recommendations being in the context of a claim of an amount less than five crores, is required to be construed as an arbitral award rendered under the A&C Act.