SUBHASH INFRAENGINEERS PRIVATE LIMITED vs INDARPRASTHA 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) 88/2010 SUBHASH INFRAENGINEERS PRIVATE LIMITED .....Appellant Through: Mr. Anil Mittal, Mr. Shaurya Mittal and Mr. Atul Chauhan, Advs. versus INDARPRASTHA 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 Procedure2, and Section 10 of the Delhi 1 A&C Act 2 CPC Signature Not Verified Digitally Signed By:HARVINDER KAUR FAO(OS) 88/2010 Page 1 of 36 BHATIA Signing Date:17.01.2026 17:35:44 High Court Act, 1966, challenges the Judgement dated 12.11.20093, passed by the learned Single Judge of this court in O.M.P. No. 279/1998. 2. Vide 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 31.08.19984 , setting aside claims pertaining to: (a) additional distance of the disposal site of the ash deposits removed from I.P. Station along Ring Road near Nizamuddin Road Bridge [claim 2], (b) modifying claims awarded for Idling Costs of Machinery/ staff/ labour [claim 5], (c) Loss of Profit due to the premature closure of the contract [claim 6] and (d) Rate of Interest. BRIEF FACTS: 3. The Respondent, Indraprastha Power Generation Co. Ltd. (formerly Delhi Vidyut Board), floated a Notice Inviting Tender on 28.07.1993 for excavation and rem