NANDINI ENTERPRISING vs RAJASTHAN CO OPERATIVE GROUP HOUSING SOCIETY LTD AND ANR

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment reserved on: 19.05.2026 Judgment pronounced on: 25.05.2026 + O.M.P. (COMM) 448/2024 NANDINI ENTERPRISING .....Petitioner Through: Mr. Bipin Kr. Prabhat, Mr. Ashok Kr. Verma, Mr. Kislaya Prabhat & Ms. Rinku Kumari, Advs. versus RAJASTHAN CO OPERATIVE GROUP HOUSING SOCIETY LTD AND ANR .....Respondents Through: Mr. Karunesh Tandon, Mr. Sarthak Mittal & Mr. Prabin Mohan, 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‟) impugning the award dated 30.05.2024. 2. The relevant facts, discerned from the record, reveal that the respondent in May 2017, invited tenders for building repairing and paint of exterior surface and rainwater harvesting pits at its premises at Plot No. 36, Sector-4, Dwarka, New Delhi vide order dated 11.05.2017 (for short 'the work order').The petitioner was the successful bidder and Letter of Award (LOA) dated 23.06.2017 was Signature Not Verified Signed By:HONEY O.M.P. (COMM) 448/2024 Page 1 of 7 ARORA Signing Date:25.05.2026 15:04:48 issued for total contract value of Rs.48,00,000/-(forty-eight lakhs).The work was to be completed within six months from 01.07.2017, i.e., by 31.12.2017. It was agreed between the parties that the work was to be jointly measured and payment was to be made on the basis of joint measurement. 2.1 As on 30.12.2017, the petitioner had raised its first Running Account bill (for short 'RA bill') for Rs.9,58,591/-, which on verification and joint measurement stood reduced to Rs.7,98,320/-. Vide letter dated 24.01.2018, the respondent intimated the petitioner that the progress of work was slow on account of under-deployment of labour and called upon to expedite co