M/S SCL-CRC21B JV vs RAIL VIKAS NIGAM LIMITED

Judgment text excerpt

$~45 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: 13.03.2026 + O.M.P. (COMM) 103/2025, I.A. 5454/2025 (For Exemption) & I.A. 5455/2025 (For Stay) M/S SCL-CRC21B JV .....Petitioner Through: Dr. Amit George, Mr. Rishabh Dheer, Ms. Aishwarya Singh, Ms. Medhavi Bhatia, Mr. Sarthak Bhardwaj, Ms. Adhishwar Suri, Ms. Rupam Jha, Mr. Dushyant Kaul, Mr. Brighu Pamidighantam, Mr. Vaibhav Gandhi, Mr. Kartikey Puneesh and Mr. Prateek Srivastava, Advocates. versus RAIL VIKAS NIGAM LIMITED .....Respondent Through: Mr. Jitendra Kumar Singh, Ms. Shivpriya and Ms. Harshita Singh, Advocates. CORAM: HON'BLE MR. JUSTICE HARISH VAIDYANATHAN SHANKAR % JUDGEMENT (ORAL) HARISH VAIDYANATHAN SHANKAR, J. 1. The present petition has been filed under Section 34 of the Arbitration and Conciliation Act, 19961, seeking to set aside what has been termed as an “Interim Award” dated 26.11.2024. 2. The relevant portion of the impugned Interim Award, which is 1 Act Signature Not Verified Digitally Signed By:HARVINDER KAUR O.M.P. (COMM) 103/2025 Page 1 of 10 BHATIA Signing Date:17.03.2026 11:56:57 sought to be challenged, reads as follows:- “ 14. The Arbitral Tribunal heard the arguments of both Claimants and the Respondents on 11.11.2024 (online) and 26.11.2024 (physical). The Tribunal decided on the objections raised in the Respondent Application dated 24.10.2024 with regard to C-93 to C-96 as follows: a) Ex. C-93. This is regarding Certificate of CA dated 10.10.2024 submitted by the Claimant‟s witness, as this document has been created on 10.10.2024 as evident from the date of Certificate by the CA. The pleadings in this case were completed by 13.09.2024 and admission/ denial was over by 28.09.2024. Hence in opinion of the Tribunal it is a new document which came into existence only after c