CINDA ENGINEERING AND CONSTRUCTION PRIVATE LIMITED vs CY ENGINEERING INDIA PRIVATE LIMITED

Judgment text excerpt

$~44 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision : 12.05.2026 + O.M.P. (COMM) 67/2025, I.A. 2993/2025 (Stay), I.A. 2995/2025 (Lengthy synopsis and list of dates) & I.A. 6820/2025 (Seeking stay of the arbitration proceedings) CINDA ENGINEERING AND CONSTRUCTION PRIVATE LIMITED .....Petitioner Through: Ms. Shikha Tandon, Ms. Sejal Sethi and Mr. Abhinav Gupta, Advocates. versus CY ENGINEERING INDIA PRIVATE LIMITED .....Respondent Through: Mr. Prateek Bhatia, Mr. Luv Virmani and Mr. Aakash R. Nair, Advocates. CORAM: HON'BLE MR. JUSTICE HARISH VAIDYANATHAN SHANKAR % JUDGEMENT (ORAL) 1. The present Petition has been instituted under Section 34 of the Arbitration and Conciliation Act, 19961, challenging the Order dated 13.01.20252 passed by the learned Sole Arbitrator during the pendency of the arbitral proceedings between the parties. 2. By way of the Impugned Order, the learned Arbitral Tribunal dismissed: 1 A&C Act 2 Impugned Order Signature Not Verified Digitally Signed By:HARVINDER KAUR O.M.P. (COMM) 67/2025 Page 1 of 28 BHATIA Signing Date:16.05.2026 13:28:14 (i) I.A. No.1 of 2024 - filed by the Petitioner seeking leave to place additional documents on record; and (ii) I.A. No.2 of 2024 seeking leave to amend the Statement of Defence and Counter-Claim3. 3. The principal challenge laid by the Petitioner proceeds on the premise that the rejection of the aforesaid applications has the effect of conclusively foreclosing substantial portions of the Petitioner‟s counterclaims and, therefore, the Impugned Order would qualify as an “interim award” within the meaning of Sections 2(1)(c) and 31(6) of the A&C Act, rendering the same amenable to challenge under Section 34 thereof. BRIEF FACTS: 4. Disputes arose between the parties in relation to the Contracts dated 15.