Union Of India vs M/S Gvr Infra Projects Limited on 8 July, 2025

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Delhi High Court - Orders

Union Of India vs M/S Gvr Infra Projects Limited on 8 July, 2025

Bench: Jasmeet Singh

                          $~80
                          *         IN THE HIGH COURT OF DELHI AT NEW DELHI
                          +         O.M.P. (COMM) 239/2025, I.A. 15614/2025 & I.A. 15616/2025, I.A.
                                    15613/2025
                                    UNION OF INDIA                                   .....Petitioner
                                                   Through: Mr. Ruchin Mishra, Mr. Mukesh
                                                               Kumar Tiwari, Ms. Reba Jena Mishra,
                                                               Advs.

                                                                  versus

                                    M/S GVR INFRA PROJECTS LIMITED                                                         .....Respondent
                                                  Through: None.

                                    CORAM:
                                    HON'BLE MR. JUSTICE JASMEET SINGH
                                                                  ORDER

% 08.07.2025 I.A. 15615/2025 & 15613/2025

1. Exemption is granted subject to all just exceptions.

2. The applicant(s) shall file legible and clearer copies of exempted documents, compliant with practice rules before the next date of hearing.

3. The application is disposed of.

O.M.P. (COMM) 239/2025

1. This is a petition filed under section 34 of Arbitration and Conciliation Act, 1996 seeking to challenge the Award dated 12.12.2024, modified on 20.01.2025, wherein the respondent's claim were allowed and the counter-claims of the petitioner were rejected.

2. Mr. Mishra, learned Senior Panel Counsel states that the Arbitral 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 14/07/2025 at 21:39:09 Tribunal failed to appreciate that the letter dated 19.11.2014 is not a termination letter as the Engineer had no right to terminate the Agreement.

3. He further states that the Arbitral Tribunal has recorded contradictory findings. On one hand, it holds that the Engineer has no power to terminate the Agreement under clause 63.1 of COPA, but on the other hand, treats the letter dated 14.11.2014 as a termination Notice.

4. Additionally, the interest is exhorbitant.

5. For the said reasons, issue notice to the respondent through all modes including electronic on the petitioner taking steps within 1 week from today, returnable on 13.10.2025.

I.A. 15612/2025

6. The present application is filed under Section 36 of the Arbitration and Conciliation Act, 1996 r/w Section 151 of CPC for stay of impugned Award dated 12.12.2024, modified on 20.01.2025.

7. Subject to depositing the awarded amount along with up to date interest, the effect and operation of the Award dated 12.12.2024, modified on 20.01.2025 shall remain stayed.

JASMEET SINGH, J JULY 8, 2025/sp Click here to check corrigendum, if any 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 14/07/2025 at 21:39:09

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Delhi High Court - Orders