DELHI JAL BOARD vs MS MOHINI ELECTRICALS LTD

Judgment text excerpt

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + FAO(OS)(COMM) 210/2022 & CM APPL. 36624/2022 Judgment reserved on: 08.12.2025 Judgment pronounced on: 12.01.2026 DELHI JAL BOARD .....Appellant Through: Mr. Sanjay Jain, Sr. Adv. with Ms. Sangeeta Bharti, SC for DJB with Ms. Malvi Balyan, Adv. versus M/S MOHINI ELECTRICALS LTD .....Respondent Through: Mr. Amit Sibal, Sr. Adv. with Ms. Anusuya Salwan, Mr. Bankim Garg, Mr. Rachit Wadhwa and Mr. Ankit Handa, Advs. CORAM: HON'BLE MR. JUSTICE C. HARI SHANKAR HON'BLE MR. JUSTICE OM PRAKASH SHUKLA JUDGMENT % 12.01.2026 OM PRAKASH SHUKLA, J. 1. The appellant has filed the present intra-court appeal under Section 37(1)(c) of the Arbitration and Conciliation Act, 19961, read with Section 13 of the Commercial Courts Act, 2015 and Section 151 of Civil Procedure Code, 1908, assailing the impugned judgment dated 04.07.2022 passed by the learned Single Judge in O.M.P. (COMM) No. 22/2020 titled as “Delhi Jal Board (DJB) v. M/s Mohini Electricals Ltd.”. The appellant had earlier filed the petition under Section 34 of the A&C Act before the learned Single Judge seeking setting aside of 1 “A&C Act”, hereinafter Signature Not Verified Signed By:GUNN FAO(OS)(COMM) 210/2022 Page 1 of 57 Signing Date:12.01.2026 19:03:10 the arbitral award dated 02.09.20192 rendered by the learned Sole Arbitrator. 2. By the said impugned award, the learned Arbitral Tribunal allowed the majority of the claims preferred by the respondent (claimant before the Arbitral Tribunal) while rejecting certain claim 3, 6A, 7, 11 and 14. The arbitral proceedings emanate from disputes arising out of the contract dated 28.11.2003, executed between the parties for the “Construction of various reservoirs at different location in TYA Areas, Delhi of Delhi Jal Board3”. FACTS 3. The