UPPAL ENGINEERING COMPANY PVT. LTD. vs IRCON INTERNATIONAL LTD.

Judgment text excerpt

$~J * IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment pronounced on: 17.10.2025 + O.M.P. (COMM) 396/2022 UPPAL ENGINEERING COMPANY PVT. LTD. ..... Petitioner Through: Mr. Ritesh Khatri, Advocate, Ms. Babita Sharma, Advocate and Mr. Deepak Uppal, MD of petitioner company. versus IRCON INTERNATIONAL LTD. ..... Respondent Through: Mr. Debarshi Bhadra, Advocate. CORAM: HON'BLE MR. JUSTICE SACHIN DATTA JUDGMENT 1. The present petition has been filed under Section 34 of the Arbitration and Conciliation Act, 1996, seeking to partially challenge the Award dated 29.05.2018 passed by the learned Sole Arbitrator (then General Manager/SR, subsequently Chief Engineer–Planning, Western Railways, Churchgate, Mumbai). 2. During the course of proceedings on 25.11.2024, the petitioner restricted its challenge to claim nos. 5, 6 and 7 and counter claim no. 1, which was duly recorded in order dated 25.11.2024 passed by this Court. The relevant extract of the said order is reproduced hereinbelow – “Learned counsel for the petitioner confines his grievance against the impugned Award to the denial of claim nos.5, 6 and 7, and the award in respect of counter-claim no.1.” Signature Not Verified O.M.P. (COMM) 396/2022 Page 1 of 30 Digitally Signed By:ABHISHEK THAKUR Signing Date:17.10.2025 02:28:52 3. The background of the matter is that the respondent had invited tenders for the work of “Construction of RCC Box Culverts and CC Roads with related works for Rail Coach Factory at Lalganj” vide Tender dated 02.08.2010. The tender submitted by the petitioner was accepted and a Letter of Acceptance was issued on 27.09.2010. 4. The contract amount was ₹9,44,02,738/- and the work was to be completed within a period of five months, i.e., by 27.02.2011. The petitioner, however, failed to furnish the req