M/S. SUPREME INFRASTRUCTURE INDIA LTD. vs ENGINEER-IN-CHIEF, ARMY HEADQUARTER

Judgment text excerpt

$~J * IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment reserved on: 26.09.2025 Judgment pronounced on: 05.01.2026 + O.M.P. (COMM) 15/2021& I.A. 335/2021, I.A. 336/2021, I.A. 5882/2024 M/S. SUPREME INFRASTRUCTURE INDIA LTD ...Petitioner Through: Mr. Ashish Mohan, Senior Advocate with Mr Subhro Prokas Mukherjee, Mr. Md Adil Khan, Advs. versus ENGINEER-IN-CHIEF, ARMY HEADQUARTER ...Respondent Through: Mr. Vikram Jetly, CGSC. CORAM: HON'BLE MR. JUSTICE JASMEET SINGH JUDGMENT 1. The present petition under Section 34 of the Arbitration and Conciliation Act, 1996 (“the Act”) has been filed by the petitioner, assailing the arbitral award dated 13.08.2020 passed by the Sole Arbitrator in the matter of “Supreme Infrastructure v. Engineer-in-chief, Army Headquarter”. FACTUAL BACKGROUND Digitally Signed By:MAYANK O.M.P. (COMM) 15/2021 Page 1 of 25 Signing Date:05.01.2026 18:04:12 2. On 02.06.2010 the respondent (respondent in the Arbitral Proceedings) issued a tender for construction of dwelling units including allied services for Officers, JCOs and ORs at Babina. The petitioner (claimant in the arbitral proceedings) participated in the tender process and was awarded the contract for a total value of approximately Rs. 50.7 crores. Pursuant thereto, a Contract Agreement was executed between the parties on 01.11.2010, incorporating the General Conditions of Contract governing military engineering works. 3. As per the contractual stipulations, the work was to be executed in three phases, with completion schedules extending between the years 2011 and 2013. The petitioner commenced execution of the work after mobilisation of men, machinery, tools, plant and materials at site. 4. According to the petitioner, from the inception of the project, execution of the work was impeded on account