NBCC INDIA LIMITED vs GNC INFRA LLP & ANR.

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment Reserved on: 11.05.2026 % Judgment Delivered on: 15.06.2026 + CM(M) 1181/2022 & CM Nos. 47354/2022, 47355/2022, 42813/2025 & 60377/2025 NBCC INDIA LIMITED .....Petitioner versus GNC INFRA LLP & ANR. .....Respondents Advocates who appeared in this case For the Petitioner : Mr. Mohit Arora, Advocate For the Respondents : Mr. Alok Bhachawat, Mr. Ishan Jain & Mr. Vishnu Dhangal, Advocates. CORAM: HON'BLE MR. JUSTICE TEJAS KARIA JUDGMENT TEJAS KARIA, J INTRODUCTION 1. The present Petition assails the Order dated 27.09.2022 (“Impugned Order”) passed by the Court of Ms. Nirja Bhatia, District Judge (Commercial Court-06), South-East District, Saket District Courts (“Trial Court”), in CS (Comm) No. 350/2020 (“Suit”), instituted by Respondent No. 1 against Respondent No. 2 and the Petitioner, who were arrayed as Defendant Nos. 1 and 2, respectively. Signature Not Verified Signed By:NEELAM CM(M) 1181/2022 Page 1 of 19 SHARMA Signing Date:15.06.2026 19:02:09 FACTUAL MATRIX 2. In the Suit, it is the case of Respondent No. 1 / the Plaintiff that: 2.1. On 02.09.2015, the Petitioner awarded a contract to Respondent No. 2, vide a Letter of Award, for the construction of the National Investigation Agency (“NIA”) Branch Office, Residential Building, and allied works at HI-Tech City, Hyderabad, Telangana (“Project”). Pursuant thereto, an agreement was executed between the Petitioner and Respondent No. 2 on 26.10.2015. 2.2. After the award of the work to Respondent No. 2, Respondent No. 2 further sub-contracted the same to Respondent No. 1. Owing to payment disputes, the sub-contract was mutually terminated. Thereafter, on 10.11.2018, Respondent No. 1 and Respondent No. 2 arrived at an understanding that the payment disputes would be evalua