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Govt Of N.C.T. Of Delhi vs Afcons Infrastructure Ltd on 5 December, 2022

Author: Chandra Dhari Singh

Bench: Chandra Dhari Singh

                  $~27
                  *       IN THE HIGH COURT OF DELHI AT NEW DELHI
                  +       O.M.P. (COMM) 480/2022 & I.A. 20348/2022
                          GOVT OF N.C.T. OF DELHI                                ..... Petitioner
                                             Through:       Mr. Lalltaksh Joshi, Advocate

                                             versus

                          AFCONS INFRASTRUCTURE LTD.                            ..... Respondent
                                             Through:       Mr. Abhishek Birthray, Ms. Tanu
                                                            Priya, Mr. Tanmay Nandi and Ms.
                                                            Shreya Sharma, Advocates

                          CORAM:
                          HON'BLE MR. JUSTICE CHANDRA DHARI SINGH
                                             ORDER

% 05.12.2022 I.A. 20349/2022 (Exemption) Subject to the petitioner filing the clear, original and legible/typed copies of any dim documents on which the petitioner may seek to place reliance, within four weeks from today, exemption is granted for the present.

The application is disposed of.

I.A. 20350/2022 (Exemption from filing certified copy of the impugned award) Exemption allowed subject to just exceptions.

The application stands disposed of.

O.M.P. (COMM) 480/2022

1. The instant petition under Section 34 of the Arbitration and Conciliation Act, 1996 has been filed on behalf of the petitioner for setting aside of the arbitral award dated 13th August, 2022 passed by learned Sole Arbitrator in the matter of Arbitration between the petitioner and the respondent.

2. Learned counsel appearing on behalf of the petitioner submitted that while passing the impugned award dated 13th August, 2022, the learned Sole Arbitrator acted beyond the extent of his powers. It is vehemently submitted that the claim, which has been made by the respondent, has been decided in favour of him by learned Sole Arbitrator which is contrary to the admitted clauses 3.21 and 3.22 of the agreement.

3. Learned counsel appearing on behalf of the petitioner submitted that while passing the impugned award, learned Sole Arbitrator has misread the clauses of the agreement between both the parties.

4. In view of the above facts and circumstances and the contentions made in the instant petition, learned counsel for the petitioner submitted that the impugned award may be set aside.

5. Per contra, learned counsel for the respondent appeared on advance notice and vehemently opposed the instant petition and submitted that the instant petition is not maintainable and there are cogent reasons or grounds available in the instant petition for allowing the prayers made in the petition or setting aside the arbitral award dated 13th August, 2022. The learned Sole Arbitrator after perusing the entire evidence of the parties as well as the clauses of the agreement has passed the arbitral award on 13th August, 2022.

There is no illegality or error in the said award.

6. Learned counsel for the respondent prays for and is granted some time to file reply/objection of the instant petition. Let the same be filed within four weeks. Rejoinder thereto, if any, be filed within two weeks thereafter.

7. It is also directed to both the parties to file written submissions along with convenience compilation of documents before the next date of hearing.

8. List on 15th February, 2023 for final hearing.

CHANDRA DHARI SINGH, J DECEMBER 5, 2022 gs/ak Click here to check corrigendum, if any Signature Not Verified Digitally Signed By:DAMINI YADAV Signing Date:06.12.2022 17:47:52