UNION OF INDIA THROUGH GENERAL MANAGER vs M/S V.K. SOOD ENGINEER &CONTRACTORS THROUGH ITS MANAGING DIRECTOR

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Reserved on: 18th February 2025 Pronounced on: 13th May 2025 + O.M.P.(COMM.) 486/2018 UNION OF INDIA THROUGH GENERAL MANAGER .....Petitioner Through: Mr. Ruchir Mishra, Mr. Sanjiv Saxena, Mr. Mukesh K. Tiwari, Ms. Poonam Shukla, Ms. Reba Jena Mishra & Ms. Harshita Sharma, Advocates versus M/S V.K. SOOD ENGINEER &CONTRACTORS THROUGH ITS MANAGING DIRECTOR ....Respondent Through: Mr. Manoj Swarup, Sr. Adv. with Mr. Anil Mittal, Mr. Neelmani Pant & Mr. Yash Singhal, Advocates CORAM: HON'BLE MR. JUSTICE ANISH DAYAL JUDGMENT ANISH DAYAL, J. 1. This petition has been filed under Sections 34 of the Arbitration and Conciliation Act, 1996 (‘A&C Act’) for setting aside the Award dated 9th June 2018 passed by the Sole Arbitrator in the matter of M/s. V.K. Sood Engineer and Contractor DDSJV v. Union of India (through General Manager Northern Railway). Signature Not Verified Digitally Signed By:MANISH KUMAR Signing Date:15.05.2025 O.M.P.(COMM.) 486/2018 Page 1 of 41 17:49:48 Factual Background 2. Petitioner / Union of India (Railways) invited tenders for fabrication, supplying, assembling, erection and launching at site (across river Ganga at Garhmukteshwar bridge railway station on Ghaziabad / Muradabad section of Muradabad Division) of 11x 61m spans, along with loading, leading, unloading materials and other connected works. 3. The entire work was to be completed within 18 months from the date of issue of acceptance letter. The work was awarded to the respondent vide letter of acceptance dated 1st May 2006. A formal agreement was executed on 21st June 2006. The maintenance period was for a period of 12 months from the certified date of completion. Contract value was Rs. 22,50,29,745/- (after second corrigendum this was Rs. 24,42,41,284.82