JAGDISH CHAND GUPTA vs UNION OF INDIA

Judgment text excerpt

$~J * IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment reserved on: 01.08.2025 Judgment pronounced on: 30.10.2025 + O.M.P. (COMM) 512/2020 JAGDISH CHAND GUPTA .....Petitioner Through: Mr. Anish Chawla, Adv. versus UNION OF INDIA .....Respondent Through: Mr. Bhagwan Swarup Shukla, CGSC with Mr. Sharwan Kumar, Mr. Yash Baraliya, Mr. Shiv Nandan Sharma, Mr Kapil Nayak, Advs. CORAM: HON'BLE MR. JUSTICE JASMEET SINGH JUDGMENT 1. The present petition has been filed under section 34 of the Arbitration and Conciliation Act, 1996 (“1996 Act”) seeking setting aside of the Award dated 23.01.2020 along with Supplementary Award dated 20.03.2020 passed by the Arbitral Tribunal in ARB.P/391/2012 titled as “Sh. Jagdish Chand Gupta, Engineers and Contractors v. Union of India”. FACTUAL BACKGROUND 2. The Northern Railway (“respondent”) invited bids for construction of Digitally Signed O.M.P. (COMM) 512/2020 Page 1 of 27 By:MAYANK Signing Date:30.10.2025 12:29:08 work of design and construction of high single line B.G. Railway Bridge across Ringhal Khad from K.M. 28.620 to K.M. 28.830 on Jammu Udhampur Rail Link Project including Soil Investigations, detailed designs and construction of foundations, piers and abutments and superstructures (“subject work”). 3. The petitioner’s bid was accepted by the respondent and subsequently, the petitioner was allotted work vide letter dated 25.09.1995 and a written Agreement was signed between the petitioner and respondent on 13.10.1995. As per the said Agreement, the work was to be completed within the prescribed period of 18 months i.e. up to 24.03.1997 for a contract price of Rs. 5,66,09,000/-. 4. After the commencement of work, there was delay of about 7 years 2 months in completion of work and there were conflicting claims of delay, but the fact