ALLIED CONSTRUCTION vs ENGINEERING PROJECTS INDIA LIMITED

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Reserved on: 23rd April, 2026 Pronounced on: 7th May, 2026 + FAO(OS) (COMM) 114/2026 & CM APPL. 25929/2026, CM APPL. 25930/2026, CM APPL. 25932/2026, CM APPL. 25933/2026 ALLIED CONSTRUCTION B.R. TOWER, 21, JANPATH LANE, ULUBARI, GUWAHATI- 781007 (ASSAM) ....APPELLANT Through: Mr. Rajat Joneja, Mr. Anmol Kumar and Ms. Cheshta Dalal, Advs. versus ENGINEERING PROJECTS INDIA LIMITED CORE-3, SCOPE COMPLEX, 7- INSTITUTIONAL AREA, LODHI ROAD, CGO COMPLEX, NEW DELHI-110003 .....RESPONDENT Through: Mr. Sonal Kumar Singh, Mr. Ratik Sharma and Mr. Yashvardhan Singh Gohil, Advs. CORAM: HON’BLE MR. JUSTICE NITIN WASUDEO SAMBRE HON’BLE MR. JUSTICE AJAY DIGPAUL Signature Not Verified Signed By:SHILPI Signing Date:07.05.2026 18:44:50 FAO(OS) (COMM) 114/2026 Page 1 of 9 JUDGMENT AJAY DIGPAUL, J. 1. The present appeal is filed under Section 37 (1) (c) of the Arbitration and Conciliation Act, 19961, assails Order dated 25.03.2026 passed by a learned Single Judge of this Court whereby a petition filed by the respondent filed under Section 34 of the Act was allowed, and Award dated 06.07.20182 was set aside in its entirety. 2. In consideration of the limited ambit of this Court while adjudicating an appeal under Section 37 of the Act, along with the fact that the unilateral appointment of the arbitrator is the sole ground upon which the award was set aside in the impugned order, only a brief recitation of facts and events is necessary. 3. The respondent/EPIL entered into a Memorandum of Understanding with the Department of Agriculture, Government of Tripura, to construct a college of agriculture at Agartala. The Appellant was awarded work vide Letter of Intent dated 10.03.2008, after which an agreement was entered into between the parties on 23.04