Delhi High Court - Orders
Airports Authority Of India vs Vidya Infrabuilt Pvt Ltd on 19 January, 2024
Author: Prateek Jalan
Bench: Prateek Jalan
$~32
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ O.M.P. (COMM) 40/2024
AIRPORTS AUTHORITY OF INDIA ..... Petitioner
Through: Mr. Digvijay Rai, Mr. Archit
Mishra, Advocates with Mr. Vivek
Gupta, AGM (Law) & Ms. Ganga
Kachor, Senior Manager (Law) of
AAI. [M:-9412636726]
versus
VIDYA INFRABUILT PVT LTD ..... Respondent
Through: None.
CORAM:
HON'BLE MR. JUSTICE PRATEEK JALAN
ORDER
% 19.01.2024
I.A. 1327/2024(Exemption)
Exemption allowed, subject to all just exceptions. The application stands disposed of.
O.M.P. (COMM) 40/2024 & I.As. 1326/2024, 1328/2024
1. The petitioner assails an award dated 20.09.2023, by which a learned sole arbitrator has awarded a sum of approximately ₹1.42 crores and interest thereupon in favour of the respondent arising out of a contract dated 12.08.2016 for execution of certain works at Rajahmundry Airport, Andhra Pradesh.
2. Mr. Archit Mishra, learned counsel for the petitioner, submits that the learned arbitrator has awarded 9 out of the 17 claims raised by the respondent-claimant. He seeks to challenge the award on each of the claims. Mr. Mishra inter alia submits that the award on claim 'K' O.M.P. (COMM) 40/2024 Page 1 of 2 This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 25/01/2024 at 01:28:32 [additional expenses incurred by the claimant on account of increase in the price of diesel] is erroneous as it fails to take account of the fact that Clause 10CC of the General Conditions of Contract was deleted in the present contract. He draws my attention to a communication of the respondent dated 27.12.2018, wherein, while seeking an extension of time for completion of the contract, the respondent specifically undertook not to claim escalation under Clause 10CC for this period. Mr. Mishra submits that the award is erroneous to the extent that the learned arbitrator has proceeded on the basis that the escalation would be payable for the extended period of contract despite deletion of Clause 10CC. He draws my attention to the judgment of this Court dated 19.07.2018 in O.M.P.(COMM) 207/2016 [North Delhi Municipal Corporation vs. Ravi Builders] in this connection.
3. The matter requires further consideration.
4. Issue notice to the respondent, including through learned counsel appearing on its behalf before the learned arbitrator. Parties are at liberty to file additional documents which were part of the arbitral record within four weeks.
5. List on 29.04.2024.
6. In the meanwhile, subject to the petitioner depositing the awarded amount alongwith up to date interest within six weeks from today, execution of the impugned award shall remain stayed until the next date of hearing.
PRATEEK JALAN, J JANUARY 19, 2024/'pv' / O.M.P. (COMM) 40/2024 Page 2 of 2 This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 25/01/2024 at 01:28:32