JAY GEE CONSTRUCTION PVT LTD vs INDERPRASTHA POWER GENERATION CO LTD

Judgment text excerpt

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment reserved on: 11.12.2025 Judgment pronounced on: 16.01.2026 + FAO(OS) 223/2010 JAY GEE CONSTRUCTION PVT LTD .....Appellant Through: Mr. Anil Mittal, Mr. Shaurya Mittal and Mr. Atul Chauhan, Advocates. versus INDERPRASTHA POWER GENERATION CO LTD .....Respondent Through: Mr. Syed Wasim Ahmed Qadri, Senior Advocate with Mrs. Preeti Thakur, Mr. Saahil Gupta, Mr. Saeed Qadri, Mr. Umesh and Mr. Ranjan, Advocates. CORAM: HON’BLE MR. JUSTICE ANIL KSHETARPAL HON’BLE MR. JUSTICE HARISH VAIDYANATHAN SHANKAR JUDGMENT HARISH VAIDYANATHAN SHANKAR, J. 1. The present Appeal, instituted under Section 37(1)(c) of the Arbitration and Conciliation Act, 19961, read with Order XLIII, Rule 1 of the Code for Civil Procedure, 1908,2 and Section 10 of the Delhi High Court Act, 1966, challenges the Judgement dated 1 A&C Act 2 CPC Signature Not Verified Digitally Signed By:HARVINDER KAUR FAO(OS) 223/2010 Page 1 of 28 BHATIA Signing Date:17.01.2026 17:44:20 22.12.20093, passed by the learned Single Judge of this court in O.M.P. No. 5/1999. 2. By the Impugned Judgment, the learned Single Judge partly allowed the Respondent’s petition under Section 34 of the A&C Act, and modified the Arbitral Award dated 01.06.19984 by setting aside (a) the claim relating to additional distance/lead for disposal of ash removed from I.P. Station along Ring Road near Nizamuddin Bridge (Claim No. 5); and (b) the claim towards idling costs of machinery, staff, and labour (Claim No. 3). The learned Single Judge further modified the award by reducing the rate of interest from 18% per annum, as awarded by the learned Arbitrator, to 9% per annum. 3. It is clarified that the Arbitral Award dated 01.06.1998 was subsequently modified on 24.10.1998 by way of an Additional Aw