UEM INDIA PVT. LTD. vs ONGC LTD.

Judgment text excerpt

* IN THE HIGH COURTOF DELHI AT NEW DELHI % Judgment reserved on: 19.03.2026 Judgment pronounced on: 28.03.2026 + O.M.P. (COMM) 393/2018, I.A. 12438/2018, I.A. 9666/2020 & I.A. 2738/2022 UEM INDIA PVT. LTD. .....Petitioner Through: Mr. Gaurav Pachnanda, Sr. Adv. with Mr. Samir Malik, Ms. Snehal Kaila, Ms. Yachana Gupta, Mr. Udbhav Gady & Mr. Krishan Kumar, Advs. versus ONGC LIMITED .....Respondent Through: Mr. Abhishek Puri, Ms. Surbhi Gupta & Mr. Sahil Grewal, Advs. CORAM: HON'BLE MR. JUSTICE AVNEESH JHINGAN JUDGMENT 1. This petition is filed under Section 34 of the Arbitration and Conciliation Act, 1996 (for short „the Act‟) for setting aside of the award dated 14.12.2017. 2. The brief facts are that the petitioner M/s UEM India Private Limited, a registered company was the successful bidder in a tender invited by Oil and Natural Gas Corporation („ONGC‟) for installation of one Effluent Treatment Plant (for short „ETP‟) and three ETP-cum Water Injection Plants at four sites in Assam along with maintenance for seven years. The parties entered into contract on lump sum turnkey Signature Not Verified O.M.P. (COMM) 393/2018 Page 1 of 17 Signed By:HONEY ARORA Signing Date:28.03.2026 15:01:03 basis. The work was awarded on 30.03.2011 for a lump sum amount of Rs.119,34,58,347/-. The project was to be completed within thirty four months from the date of issuance of the Notification of Award (for short „NOA‟) i.e. by 29.01.2014. 2.1 Clause 27 of the General Conditions of Contract (for short „GCC‟) provided for dispute resolution through arbitration and the petitioner invoked arbitration. The petitioner claimed prolongation costs aggregating to Rs.10,30,00,000/-; losses to the tune of Rs.7,23,55,402/- due to breach of contract; losses amounting to Rs.105,60,00,000/- on account o