M S IRCON INTERNATIONAL LIMITED & ANR. vs M S CANNON ENGINEERING CONSTRUCTION CANNON COTTAGE

Judgment text excerpt

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + FAO(OS) (COMM) 16/2022 Judgment reserved on: 02.02.2026 Judgment pronounced on: 24.02.2026 M S IRCON INTERNATIONAL LIMITED & ANR. .....Appellants Through: Mr. Puneet Taneja, Sr. Adv. with Mr. Manmohan Singh Narula, Mr Amit Yadav and Mr Anil Kumar, Advs. versus M S CANNON ENGINEERING CONSTRUCTION CANNON COTTAGE .....Respondent Through: Mr. Simil Purohit, Sr. Adv. with Mr. Faran Khan, Mr. Sandip Vimadalal, Mr. Manish Doshi, Mr. Rishit Vimadalal and Mrs. Bharti Gupta, Advs. CORAM: HON'BLE MR. JUSTICE C. HARI SHANKAR HON'BLE MR. JUSTICE OM PRAKASH SHUKLA JUDGMENT % 24.02.2026 OM PRAKASH SHUKLA, J. Introduction 1. The present intra-court appeal has been preferred by the Appellants under Section 37(1)(c) of the Arbitration and Conciliation Act, 19961, read with Section 13 of the Commercial Courts Act, 2015 1 “The Act”, hereinafter Signature Not Verified Signed By:ANUBHAV FAO(OS) (COMM) 16/2022 Page 1 of 37 TRIPATHI Signing Date:24.02.2026 18:08:50 and Section 151 of Code of Civil Procedure, 1908. The appeal assails the judgment dated 01.10.20212 passed by the learned Single Judge in O.M.P. (COMM) No. 181/2021, titled as “M/s Ircon International Limited & Anr. v. M/s Cannon Engineering Construction Cannon Cottage”. The impugned judgment arose out of a petition filed by the Appellants under Section 34 of the Act, seeking to set aside the arbitral award dated 30.01.20213 rendered by the learned Sole Arbitrator. 2. The dispute giving rise to the arbitral proceedings pertains to a contract dated 05.11.20144, executed between the parties, for the “Construction of service buildings, loco shed, RCC Trunk Drain and Misc. Civil Works in connection with the Construction of Private Railway Siding for Solapur Super Thermal Power Project of NT