NATIONAL BUILDING CONSTRUCTION CORPORATION vs M/S SHARMA ENTERPRISES

Judgment text excerpt

$~J * IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment reserved on: 07.08.2025 Judgment pronounced on: 19 .11.2025 + O.M.P. (COMM) 215/2022 NATIONAL BUILDING CONSTRUCTION CORPORATION ...Petitioner Through: Mr. Jay Savla. Sr. Adv. with Ms. Shilpi Chowdhary, Advs. versus M/S SHARMA ENTERPRISES ...Respondent Through: Ms. Anusuya Salwan, Ms. Alka Dwivedi, Mr. Bankim Garg, Mr. Rachit Wadhwa, Advs. + O.M.P. (ENF) (COMM) 50/2022 M/S SHARMA ENTERPRISES ...Decree Holder Through: Ms. Anusuya Salwan, Ms. Alka Dwivedi, Mr. Bankim Garg, Mr. Rachit Wadhwa, Advs. versus NATIONAL BUILDING CONSTRUCTION CORPORATION …Judgement Debtor Through: Mr. Jay Savla. Sr. Adv. with Ms. Shilpi Chowdhary, Advs. CORAM: HON'BLE MR. JUSTICE JASMEET SINGH Digitally Signed By:MAYANK Signing Date:20.11.2025 O.M.P. (COMM) 215/2022 & O.M.P. (ENF) (COMM) 50/2022 Page 1 of 44 10:17:50 JUDGMENT O.M.P. (COMM) 215/2022 1. This is a petition filed under Section 34 of the Arbitration and Conciliation Act, 1996 (“1996 Act”) seeking to set aside the Arbitral Award dated 28.07.2016 passed by the learned Arbitrator in the matter of “M/s. Sharma Enterprises v. National Building Construction Corporation.‖ FACTUAL BACKGROUND 2. The petitioner, (respondent in the Arbitration Proceedings) was awarded works by the Indian Railway Construction Company Limited (“IRCON”). 3. Thereafter the petitioner awarded the contract to the respondent, (Claimant in the Arbitration Proceedings) for carrying out flooring and cladding works (“work”) at the Vashi Railway Station cum commercial complex project in Navi Mumbai for a total contractual value of Rs. 9,50,73,603.20. 4. The petitioner acted as the principal contractor on behalf of IRCON, while Sharma Enterprises functioned as the sub-contractor responsible for executing the assigned cons