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Greenfra Engineering Pvt.Ltd vs Wadia Techno Engineering Services Ltd on 8 May, 2024

Author: Prateek Jalan

Bench: Prateek Jalan

                                          $~1
                                          *           IN THE HIGH COURT OF DELHI AT NEW DELHI
                                          +           O.M.P. (COMM) 189/2024, I.A. 9505/2024 & I.A. 9506/2024
                                                      GREENFRA ENGINEERING PVT.LTD             ..... Petitioner
                                                                  Through: Mr. Pankaj Bhagat, Advocate.

                                                                                         versus

                                                      WADIA TECHNO ENGINEERING SERVICES
                                                      LTD                                                                  ..... Respondent
                                                                  Through: None.

                                          CORAM:
                                          HON'BLE MR. JUSTICE PRATEEK JALAN
                                                                                         ORDER

% 08.05.2024 I.A. 9506/2024 (for exemption) Exemption allowed, subject to all just exceptions. The application stands disposed of.

I.A. ---------/2024 (to be numbered) (under Diary No. 1387876/2024)

1. The petitioner has filed this application for permission to place additional documents on record. Although the application is not on record, a copy has been handed over in Court, and is taken on record. The Registry is directed to number the application.

2. Mr. Pankaj Bhagat, learned counsel for the petitioner, states that document No. 4 in this list of documents was part of the arbitral record, but document Nos. 1, 2 and 3 were not. Document Nos. 1, 2 and 3 are extracts from the Central Public Works Department Manual, a notification issued by the Ministry of Urban Development and a bulletin O.M.P. (COMM) 189/2024 Page 1 of 3 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 10/05/2024 at 00:16:10 issued by the Reserve Bank of India with regard to consumer price index, respectively.

3. Document Nos. 1, 2 and 3 were not before the learned Arbitrator, and in my view, cannot be taken on record in proceedings under Section 34 of the Arbitration and Conciliation Act, 1996 to assail findings of the learned Arbitrator that the petitioner's claims were unsupported by evidence.

4. The application is rejected as far as document Nos. 1, 2 and 3 are concerned, but is allowed as far as document No. 4 is concerned.

5. The application stands disposed of.

O.M.P. (COMM) 189/2024, I.A. 9505/2024 (for condonation of delay)

1. The petitioner assails an arbitral award dated 11.05.2023, in so far as it rejects several of the claims made by the petitioner in the proceedings arising out of a contract for providing engineering and project management consultancy services in respect of the construction of a multi-storey residential complex for the Delhi Metro Rail Corporation.

2. Mr. Pankaj Bhagat, learned counsel for the petitioner, submits with regard to claim No. 2, which was a claim for escalation charges, that the learned Arbitrator dismissed the claim holding that the petitioner had failed to produce satisfactory evidence in support. However, Mr. Bhagat draws my attention to paragraph 40 of the Statement of Defence, in which the respondent itself had admitted that the petitioner would be eligible for escalation in terms of an agreed formula. Mr. Bhagat states that the petitioner's claim in this regard was made in terms of the formula, which appears in Clause 3 of the Contract [at page 172 of the petition].

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 10/05/2024 at 00:16:10

3. The matter requires further consideration.

4. Issue notice. Notice may be served upon the respondent by all permissible modes, including through learned counsel who appeared on its behalf in the arbitral proceedings.

5. The respondent may place additional documents on record within four weeks after service.

6. It is made clear that the petition is not limited to the grounds recorded above.

7. Parties may file their written submissions within eight weeks from today.

8. List on 21.08.2024.

PRATEEK JALAN, J MAY 8, 2024 'Bhupi'/ O.M.P. (COMM) 189/2024 Page 3 of 3 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 10/05/2024 at 00:16:10