IRCON INTERNATIONAL LIMITED vs M/S. TANTIA CONSTRUCTION LIMITED

Judgment text excerpt

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment reserved on: 24.02.2026 Judgment pronounced on: 19.05.2026 Judgment uploaded on: 19.05.2026 + FAO(OS) (COMM) 212/2024 & CM APPL. 54328/2024 IRCON INTERNATIONAL LIMITED .....Appellant Through: Mr. Suman Doval & Mr. Lakshay Chaudhary, Advs. versus M/S. TANTIA CONSTRUCTION LIMITED .....Respondent Through: Mr. Sanjoy Bhaumik, Adv. CORAM: HON'BLE MR. JUSTICE ANIL KSHETARPAL HON'BLE MR. JUSTICE AMIT MAHAJAN JUDGMENT ANIL KSHETARPAL, J.: 1. Through the present Appeal filed under Section 37 of the Arbitration and Conciliation Act, 19961 [hereinafter referred to as ‘A&C Act’], the Appellant assails the correctness of the judgment dated 24.07.2024 [hereinafter referred to as ‘Impugned Judgment’] passed by the learned Single Judge in OMP (COMM) 277/2021. The said petition had been instituted under Section 34 [hereinafter referred to as ‘Section 34 Petition’] of the A&C Act2, assailing the arbitral award dated 23.01.2020 [hereinafter referred to as ‘the Award’] rendered by the learned Sole Arbitrator [hereinafter referred to as ‘the Arbitrator’]. By the Impugned Judgment, the learned Single Judge declined interference and upheld the Award. 1 Section 37 Signature Not Verified 2 Section 34 Signed By:SAVITA PASRICHA Signing Date:19.05.2026 FAO(OS)(COMM) 212/2024 Page 1 of 15 16:41:50 2. The present Appeal is confined to Claim No.6 of the Award as admitted by the learned Counsel representing the Appellant in the Order dated 17.09.2024 of this Court. The Appellant submits that the computation undertaken by the Arbitrator in respect of the said claim suffers from patent illegality inasmuch as an amount relatable to mobilization advance, which, according to the Appellant, stood recovered/adjusted, has not been duly accounted for, the