S AND S CONSTRUCTION CO vs UNION OF INDIA THROUGH E E B F D II

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment reserved on: 13.01.2026 Judgment pronounced on: 21.01.2026 + O.M.P. (COMM) 337/2023 S AND S CONSTRUCTION CO .....Petitioner Through: Mr. Kunwar Chandresh & Ms. Poonam Prasad, Advs. versus UNION OF INDIA THROUGH E E B F D II .....Respondent Through: Mr. Vikram Jaitley, CGSC with Ms. Shreya Jaitley, Adv. with Mr. Rakesh Kumar, EE, BFD Bikaner CPWD. CORAM: HON'BLE MR. JUSTICE AVNEESH JHINGAN JUDGMENT 1. This petition is filed under Section 34 of the Arbitration and Conciliation Act, 1996 (for short „the Act‟) challenging the arbitral award dated 18.04.2023 (for short „the Award‟). 2. The relevant facts are that the petitioner/claimant was awarded a tender by the Executive Engineer, Border Fencing Division-II, CPWD, New Delhi and the contract was entered on 04.06.2010. The estimated cost of work was Rs.19,43,10,348/-. The petitioner furnished a performance bank guarantee equivalent to five percent of the tender amount. The work was to be completed within eight months. The completion certificate mentioning the defects in the work done was issued on 17.12.2019. Dispute between the parties in Signature Not Verified Signed By:CHANCHAL O.M.P. (COMM) 337/2023 Page 1 of 17 Signing Date:21.01.2026 16:49:07 compliance with Clause 25 of the General Conditions of Contract (for short „the GCC‟) was referred to arbitration. The arbitrator was appointed on 19.04.2022 and the proceedings culminated in the impugned award. Out of the sixteen claims made by the petitioner, seven were rejected. The counter-claims filed by the respondent beyond the period prescribed under Section 23(4) of the Act were rejected. Hence, the present petition. 3. This petition is filed being aggrieved by the rejection of the following claims. S.No. CLAIM NO. CLA