BHARAT HEAVY ELECTRICALS LIMITED vs DELKON INDIA PVT. LTD.

Judgment text excerpt

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment Reserved on: 26.11.2025 Judgment pronounced on: 08.01.2026 Judgment uploaded on: As per digital signature~ + FAO (COMM) 109/2023 Bharat Heavy Electricals Limited ..... Appellant Versus Delkon India Pvt. Ltd. ..... Respondent Advocates who appeared in this case For the Appellant : Ms. Mani Gupta, Mr. Pranav Malhotra and Mr. Udwipt Verma, Advocates For the Respondent : Mr. K.S. Mahadevan and Ms. Swati Bansal, Advocates CORAM: HON'BLE MR. JUSTICE V. KAMESWAR RAO HON'BLE MR. JUSTICE VINOD KUMAR JUDGMENT VINOD KUMAR, J. 1. This appeal under Section 37 of the Arbitration and Conciliation Act, 1996 (‘the Act’, hereinafter) has been filed with the following prayers: “(a) Set aside the Impugned Order dated 09.02.2023 passed by the Ld. District Judge in OMP (COMM) 63/21 between Bharat Heavy Electricals Limited vs. Delkon India Pvt. Ltd. and/or Signature Not Verified Digitally Signed By:PRAMOD KUMAR VATS FAO (COMM) 109/2023 Page 1 of 38 Signing Date:09.01.2026 19:06:59 (b) Set-aside the Award dated 02.06.2021 passed by the Ld. Sole Arbitrator and/or (c) Pass such other or further order(s) as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case.” 2. For sake of convenience, the appellant would be also referred to as ‘BHEL’ and the respondent would also be referred to as ‘Delkon’. 3. Vide impugned award dated 02.06.2021, the arbitrator rejected all claims of BHEL except claim no.11 which was partly allowed. The Arbitrator however, partly allowed the counter claims of Delkon. Aggrieved by this award, BHEL filed objections under Section 34 of the Act before learned District Judge (Comm-02), South District, Saket Court, New Delhi (in short ‘District Judge’) who dismissed the same vide impugned judg