UNIBROS Vs. ALL INDIA RADIO

JUDGEMENT

(1.) Leave granted.

(2.) This appeal, at the instance of M/s Unibros ("appellant", hereafter), registers a challenge to the judgment and order dtd. 9/12/2019 in FAO (OS) 229/2010 passed by the High Court of Delhi ("High Court", hereafter) dismissing an appeal carried by the appellant under sec. 37 of the Arbitration and Conciliation Act, 1996 ("the Act", hereafter). Vide the impugned judgment, a Division Bench affirmed the judgment and order of a learned Single Judge dtd. 25/2/2010 whereby an objection of the All India Radio ("respondent", hereafter) under sec. 34 of the Act was allowed resulting in setting aside of an arbitral Award dtd. 15/7/2002 to the extent it awarded loss of profit to the appellant.

(3.) The relevant facts, discerned from the records, reveal that the appellant was awarded a work contract by the respondent to carry out construction of Delhi Doordarshan Bhawan, Mandi House, Phase-II, New Delhi. The work was scheduled to commence on 12/4/1990 and reach completion on 11/4/1991; however, it suffered a delay of roughly 42 1/2 months and was finally completed on 30/10/1994. Disputes and differences emerged between the parties owing to such delay, which were subsequently referred to an Arbitrator ("Arbitrator", hereafter) for resolution.