SJVN LTD vs PATEL GAMMON JOINT VENTURE

Judgment text excerpt

$~J * IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment reserved on: 23.09.2025 Judgment pronounced on: 06.01.2026 + O.M.P. (COMM) 9/2017 SJVN LTD ..…Petitioner Through: Mr. Uttam Datt Sr. Advocate with Ms. Sonakshi Singh Adv., Mr. Kumar Bhaskar Adv. versus PATEL GAMMON JOINT VENTURE ……Respondent Through: Mr. SK Chandwani, Adv. CORAM: HON'BLE MR. JUSTICE JASMEET SINGH JUDGM ENT 1. This is a petition filed under Section 34 of the Arbitration and Conciliation Act, 1996 (“1996 Act”) seeking to partially set aside the Arbitral Award dated 01.09.2016 passed in the arbitration proceedings titled as “Patel Gammon Joint Venture (PGJV) vs. SJVN Limited (SJVN)”, only to the extent of Claim No. 4,which was allowed in favour of the respondent. O.M.P. (COMM) 9/2017 Page 1 of 42 Digitally Signed By:MAYANK Signing Date:06.01.2026 17:20:56 FACTUAL BACKGROUND 2. The petitioner i.e., M/s SJVN Ltd., a Central Public Sector Enterprise, is a joint venture of Government of India and Government of Himachal Pradesh. It is engaged in the business of electricity generation and owns and operates hydroelectric power stations in the country. 3. The respondent i.e., M/s Patel Gammon Joint Venture, is a joint venture consortium of Patel Engineering Ltd. and Gammon India Ltd. 4. The petitioner awarded the respondent a Contract dated 15.03.2007 (“Contract”), wherein the respondent had to undertake civil construction works at petitioner‟s 412 MW hydroelectric power project at Rampur, Himachal Pradesh, on river Satluj (“project”). 5. The General Conditions of Contract (“GCC”) forms part of the Contract and contains an arbitration clause being Clause No. 20.6, which reads as under:- “20.6 Arbitration Unless settled amicably, any dispute in respect of which the DB's decision/ recommendations (if any) has no