UNION OF INDIA vs MAGO CONSTRUCTIONS PVT. LTD.

Judgment text excerpt

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on: 2nd September, 2025 Date of Decision: 14th January, 2026 Date of uploading: 14th January, 2026 + O.M.P. (COMM) 409/2019 UNION OF INDIA .....Petitioner Through: Mr. Vijay Joshi and Mr. Kuldeep Singh, Advs. versus MAGO CONSTRUCTIONS PVT. LTD. .....Respondent Through: Mr. Udit Seth and Mr. Vivek GB, Advocates % CORAM: HON'BLE MS. JUSTICE MANMEET PRITAM SINGH ARORA JUDGMENT MANMEET PRITAM SINGH ARORA, J: 1. The present petition under Section 34 of the Arbitration and Conciliation Act, 1996 [‘Act of 1996’] has been filed by the Petitioner challenging the arbitral award dated 12.04.2019 [‘impugned award’] passed by the learned Sole Arbitrator in the arbitration proceedings pertaining to the contract bearing CA No. CEDZ//28 of 2008 09: Provn of OTM Accn for INF BN-III of 60 INF BDE at Delhi Cantt. [‘the Contract’] executed between the parties herein. 2. The Petitioner herein i.e., Union of India was the respondent and the Respondent herein i.e., Mago Constructions Pvt. Ltd. was the claimant in the Signature Not Verified O.M.P. (COMM) 409/2019 Page 1 of 39 Signed By:MAHIMA SHARMA Signing Date:14.01.2026 18:48 arbitral proceedings. For ease of reference, the parties are being referred to as their rank and status in the present proceedings. Factual Matrix 3. The facts, as stated in the pleadings, which are relevant for the adjudication of the present matter, are summarised as under: - 3.1. The parties herein entered into the Contract for construction of KLP for IIIrd Infantry Battalion of 60 Infantry Brigade at Delhi Cantt for a sum a of Rs. 19,14,30,870/-. The work under the Contract was to be completed within a period of twenty-six [26] months and was covered under three [3] phases. 3.2. It is stated that Phase-I covered