ENGINEERS INDIA LIMITED & ANR. vs MS SHIVHARE ROAD LINES

Judgment text excerpt

$~J * IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment pronounced on:17.10.2025 + O.M.P. (COMM) 39/2022 and IA Nos.500/2022 &502/2022 ENGINEERS INDIA LIMITED & ANR. ..... Petitioners Through: Mr. Sandeep Sethi, Sr. Advocate along with Ms. Divya Bhalla, Mr. Abhishek Chauhan, Mr. Sumer Seth and Ms. Riya Kumar, Advocates. versus MS SHIVHARE ROAD LINES ..... Respondents Through: Mr. Vinay Garg, Sr. Advocate along with Mr. C. S. Chauhan, Ms. Nikita Grover and Mr. Vikas Mehta, Advocates. CORAM: HON'BLE MR. JUSTICE SACHIN DATTA JUDGMENT FACTUAL MATRIX 1. The present petition has been filed by the petitioners under Section 34 of the Arbitration and Conciliation Act, 1996 (hereinafter referred as “the A&C Act”) assailing an Arbitral Award dated 26.08.2021. 2. The petitioner no.1 (respondent before the Arbitral Tribunal) is a Navratna Public Sector Undertaking of the Ministry of Petroleum and Natural Gas, Government of India, which provides engineering and related technical services for petroleum refineries and other Industrial projects. 3. Respondent (claimant before the Arbitral Tribunal) is a company registered under the Micro, Small and Medium Enterprises Development Signature Not Verified O.M.P. (COMM) 39/2022 Page 1 of 59 Digitally Signed By:ABHISHEK THAKUR Signing Date:17.10.2025 02:33:51 Act, 2006, engaged in the business of transporting, material and logistic handling of material. 4. The disputes between the parties have arisen in the backdrop of bid no. A043/T-045/10-11/MCJ/13, issued by the petitioner no.1 for “material handling services for onshore gas terminal at Mallavaram, Andhra Pradesh for the Deen Dayal Field Development Project of M/s Gujarat State Petroleum Corporation Ltd (GSPCL)” at its project site in Kakinada, Andhra Pradesh. The estimated contract value