Delhi High Court - Orders
Delhi Metro Rail Corporation Ltd vs Vijay Nirman Company Pvt. Ltd on 15 February, 2023
Author: Chandra Dhari Singh
Bench: Chandra Dhari Singh
$~28
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ O.M.P. (COMM) 67/2023
DELHI METRO RAIL CORPORATION LTD. ..... Petitioner
Through: Mr. Tarun Johri, Mr. Ankur Gupta
and Mr. Vishwajeet Tyagi, Advocates
versus
VIJAY NIRMAN COMPANY PVT. LTD. ..... Respondent
Through: None
CORAM:
HON'BLE MR. JUSTICE CHANDRA DHARI SINGH
ORDER
% 15.02.2023 I.A. 2789/2023 (Exemption) Exemption allowed subject to just exceptions. The application stands disposed of.
O.M.P. (COMM) 67/2023, I.A. 2790/2023 & I.A. 2791/2023
1. The instant petition under Section 34 of the Arbitration and Conciliation Act, 1996 has been filed on behalf of the petitioner seeking the following reliefs:-
"i. Allow the instant Petition, thereby, set-aside the Impugned Arbitral Award dated 31.10.2022 to the extent of: -
a. Arbitral award for an amount of Rs.3,02,54,000/- passed in favour of the Respondent, rejecting the recovery made by the Petitioner against Risk & Costs works towards Nallah restoration. (Pg.123; Para 262 of Impugned Award) Signature Not Verified Digitally Signed By:GAURAV SHARMA Signing Date:17.02.2023 11:18:30 b. Arbitral Award in respect of Claim No. X: Variation in Nallah Diversion (Pg.175 of Impugned Award) for an amount of Rs.3,02,54,000/- passed in favour of the Respondent and;
c. Arbitral award for Rs.27,25,668.32/- towards rate difference of steel reinforcement in Claim No. I. (Pg.153; Para 315 of Impugned Award) d. Arbitral award holding that the Petitioner has given details of Risk & Costs amount of Rs.6,33,33,051/- as against the Risk & Costs claim amount of Rs.7,70,37,701/- (Pg.118; Para 254 of Impugned Award) and non-consideration/ examination of the Risk & Cost amount of Rs. 1,37,04,650/-.
e. Pass such other orders as this Hon'ble Court may deem fit and proper in the facts of the case."
2. Learned counsel appearing on behalf of petitioner submitted that the learned Arbitral Tribunal failed to examine and completely ignored material contractual conditions agreed to between the parties under Clauses of Employers Requirement (Functional) and Employers Requirement (Construction), despite specific submission made by the petitioner in its submissions before it. It is submitted that non-consideration and examination of material Clauses of the Contract in the impugned award renders the same to be patently illegal. It is further submitted that impugned award passed by the learned Arbitral Tribunal that Nallah is a "Utility", without considering or examining the effect of Clause 2.0 Employers Requirement (Functional) and the tender drawings, is patently illegally and is against the public policy of India, as material documentary evidence has been overlooked by the learned Arbitral Tribunal while passing the impugned award.
3. Learned counsel appearing on behalf of petitioner submitted that the Signature Not Verified Digitally Signed By:GAURAV SHARMA Signing Date:17.02.2023 11:18:30 learned Arbitral Tribunal has passed the impugned award ignoring the relevant provisions of the Contract as well as has not considered the material on record. Hence, the said impugned award is liable to be set aside.
4. Heard learned counsel for the petitioner and perused the relevant provisions of the said Contract which is appended as Document-3 to the petition as well as other contentions made in the instant petition.
5. The matter requires consideration.
6. On filing within a week, issue notice to the respondent through all permissible modes, returnable on 20th March, 2023.
CHANDRA DHARI SINGH, J FEBRUARY 15, 2023 Dy/ug Click here to check corrigendum, if any Signature Not Verified Digitally Signed By:GAURAV SHARMA Signing Date:17.02.2023 11:18:30