UNION OF INDIA vs M/S G.D. TEWARI & CO

Judgment text excerpt

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment reserved on: 15.01.2026 Judgment pronounced on: 17.03.2026 + O.M.P. 222/2009, I.A. 2019/2025 (Stay) & I.A. 15274/2025 (For the disposal of the IA NO. 2019/2025) UNION OF INDIA .....Petitioner Through: Mr. Kamal Kant Jha, CGSC with Mr. Avinash Singh, Mr. Aishwarya Deep Singh and Ms. Aakriti, Advocates. versus M/S G.D. TEWARI & CO .....Respondent Through: Mr. Shrey Chathly and Ms. Vinita Sharma, Advocates. CORAM: HON'BLE MR. JUSTICE HARISH VAIDYANATHAN SHANKAR JUDGMENT HARISH VAIDYANATHAN SHANKAR, J. 1. The present Petition, under Section 34 of the Arbitration and Conciliation Act, 19961, has been filed assailing the Arbitral Award dated 13.08.2008 read with the Modified Award dated 15.12.20082, passed by the learned Sole Arbitrator. 2. By way of the Impugned Award, the learned Arbitrator has allowed 6 out of the 7 claims of the Respondent herein arising out of the disputes inter alia pertaining to the delay and hindrances caused to 1 A&C Act 2 Impugned Award Signature Not Verified O.M.P. 222/2009 Page 1 of 37 Digitally Signed By:HARVINDER KAUR BHATIA Signing Date:18.03.2026 15:53:38 the Respondent herein during the pendency of the works to be carried out by the Respondent, attributing such delays and hindrances to the Petitioner herein. 3. At the outset, it is clarified that although the present petition contains several averments challenging different aspects of the Impugned Award, during the course of arguments the learned counsel appearing on behalf of the Petitioner confined his submissions only to Claims Nos. 1 to 3. In particular, the learned counsel emphasized that the Petitioner’s strongest challenge in the present proceedings pertains to Claim No. 3. In support of this contention, reliance was specifically