GOVT OF NCT OF DELHI vs M/S TEWATIA CONSTRUCTION PVT LTD

Judgment text excerpt

$~25 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: 29.04.2026 + O.M.P. (COMM) 118/2024 & I.A. 5677/2024 (Stay) GOVT OF NCT OF DELHI .....Petitioner Through: Mr. Lalltaksh Joshi and Ms. Minu Kumari, Advocates. versus M/S TEWATIA CONSTRUCTION PVT LTD .....Respondent Through: Mr. Avinash Trivedi, Mr. Rahul Aggarwal and Mr. Rhythem Nagpal, Advocates. CORAM: HON'BLE MR. JUSTICE HARISH VAIDYANATHAN SHANKAR % JUDGEMENT (ORAL) HARISH VAIDYANATHAN SHANKAR, J. 1. The present Petition has been filed under Section 34 of the Arbitration and Conciliation Act, 19961, seeking to challenge the Arbitral Award dated 14.10.20232, rendered by the learned Arbitrator, Mr. Kamlesh Kumar (Former ADG, CPWD), in arbitral proceedings titled “M/s Tewatia Construction Private Limited and Union of India”. 2. By way of the Impugned Award, the Government of NCT of Delhi, through Executive Engineer (C), Edu, Maint. Divn., North- Wast Division, Public Works Department [“PWD”], Delhi3, has 1 Act 2 Impugned Award 3 Petitioner Signature Not Verified Digitally Signed O.M.P. (COMM) 118/2024 Page 1 of 23 By:NEERU Signing Date:04.05.2026 14:22:27 been directed to pay to M/s Tewatia Construction Private Limited4, an amount of approximately Rs. 2.5 Crore along with interest. 3. Learned counsel appearing on behalf of the Petitioner, at the outset, raises a primary and foundational issue that strikes at the very root of the validity and subsistence of the arbitral proceedings and the resultant Award. 4. It is submitted by the learned counsel for the Petitioner that the appointment of the learned Arbitrator, who subsequently entered upon the reference and rendered the Impugned Award, was void ab initio, as it was effected through a unilateral appointment mechanism in clear contravention of the mandator