O.M.P. (COMM) 15/2021 Page 1 of 25
$~J
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Judgment reserved on: 26.09.2025
Judgment pronounced on: 05.01.2026
+ O.M.P. (COMM) 15/2021& I.A. 335/2021, I.A. 336/2021, I.A.
5882/2024
M/S. SUPREME INFRASTRUCTURE INDIA LTD
...Petitioner
Through: Mr. Ashish Mohan, Senior
Advocate with Mr Subhro Prokas
Mukherjee, Mr. Md Adil Khan,
Advs.
versus
ENGINEER-IN-CHIEF, ARMY HEADQUARTER
...Respondent
Through: Mr. Vikram Jetly, CGSC.
CORAM:
HON'BLE MR. JUSTICE JASMEET SINGH
J U D G M E N T
1. The present petition under Section 34 of the Arbitration and Conciliation
Act, 1996 (“the Act”) has been filed by the petitioner, assailing the
arbitral award dated 13.08.2020 passed by the Sole Arbitrator in the
matter of “Supreme Infrastructure v. Engineer-in-chief, Army
Headquarter”.
FACTUAL BACKGROUND
O.M.P. (COMM) 15/2021 Page 2 of 25
2. On 02.06.2010 the respondent (respondent in the Arbitral Proceedings)
issued a tender for construction of dwelling units including allied
services for Officers, JCOs and ORs at Babina. The petitioner (claimant
in the arbitral proceedings) participated in the tender process and was
awarded the contract for a total value of approximately Rs. 50.7 crores.
Pursuant thereto, a Contract Agreement was executed between the
parties on 01.11.2010, incorporating the General Conditions of Contract
governing military engineering works.
3. As per the contractual stipulations, the work was to be executed in three
phases, with completion schedules extending between the years 2011
and 2013. The petitioner commenced execution of the work after
mobilisation of men, machinery, tools, plant and materials at site.
4. According to the petitioner, from the inception of the project, execution
of the work was impeded on account of factors attributable to the
respondent, including delayed handing over of clear and obstruction-free
site, frequent changes in drawings and specifications, additional and
extra items of work, delayed approvals, and interruptions in execution
owing to administrative reasons. Further running account bills were not
processed and released in a timely manner, resulting in financial
constraints and disruption of work.
5. On 19.12.2014, the respondent cancelled the Contract, citing slow
progress and failure to adhere to milestones.
6. Since there were disputes between the parties in relation to termination
of the Contract and financial claims, the petitioner invoked the
arbitration clause. Upon the respondent’s failure to appoint an arbitrator,
the petitioner approached this Court under Section 11 of the Act and the
Sole Arbitrator was appointed.
O.M.P. (COMM) 15/2021 Page 3 of 25
7. The arbitral proceedings continued over several years. Pleadings were
completed, evidence was led, and detailed oral arguments were
addressed by both sides. Upon conclusion of arguments, the matter was
reserved for award in January 2019.
8. After a lapse of more than one year from reserving of the award, the Sole
Arbitrator reopened the proceedings and permitted the respondent to
amend its counter-claims. The amendment resulted in enhancement of
the quantum of counter-claims, which was stated to be on account of
correction of calculations. The petitioner objected to the amendment on
the ground that it caused serious prejudice and was permitted at an
advanced stage of the proceedings.
9. The Sole Arbitrator thereafter passed the impugned arbitral Award dated
13.08.2020. By the said Award, the Sole Arbitrator held that the
petitioner had abandoned the project, rejected the majority of the
petitioner’s claims including claims for prolongation costs, and allowed
substantial portions of the respondent’s counter-claims.
10. Aggrieved by the impugned Award, the petitioner has approached this
Court by way of the present petition under Section 34 of the Act.
SUBMISSIONS ON BEHALF OF THE PETITIONER
11. Mr. Ashish Mohan, learned senior counsel for the petitioner submits that
the impugned arbitral award dated 13.08.2020 merits interference and is
liable to be set aside under Section 34 of the Act and has limited its
challenge on the sole ground that the petitioner did not have an
opportunity to contest the amended counter claims made by the
respondent.
12. It is submitted that the Sole Arbitrator has pronounced the impugned
Award based on amendment applications dated 31.10.2018 and
O.M.P. (COMM) 15/2021 Page 4 of 25
13.02.2020 filed by the respondent, without affording the petitioner a
fair, effective, and meaningful opportunity to contest the same. The
amendment application dated 31.10.2018 was never served upon the
petitioner, nor was any notice issued by the Sole Arbitrator. The
petitioner remained completely unaware of the existence of the said
application throughout the arbitral proceedings and came to know of it
only when the respondent filed its reply before this Hon’ble Court. There
is no material on record to show that the said amendment application
was ever argued or allowed by the Sole Arbitrator prior to reservation of
the matter for award.
13. Even with respect to the amendment application dated 13.02.2020, the
petitioner was heard only on a limited objection relating to delay and
was never granted an opportunity to contest the proposed amendment on
merits. Despite this, the Sole Arbitrator proceeded to allow the
amendment, as is evident from the impugned Award, without granting
the petitioner a full and effective hearing.
14. The impugned Award is further liable to be set aside as it is a non-
speaking and unreasoned award and does not fulfil the mandate of
Section 31(3) of the Act. Further, the Sole Arbitrator has failed to give
independent findings in individual items under the dispute as required
under Clause 60 of GCC.
15. It is submitted that the total contract value, after issuance of seven
deviation orders, stood at Rs. 54.83 crores. As on termination, work
worth Rs. 27.51 crores had already been executed, leaving a balance
work of approximately Rs. 27.31 crores. After accounting for escalation,
the respondent floated a risk and cost tender, pursuant to which the
balance work was awarded to a third party for Rs. 33.35 crores.
However, while adjudicating Claim No. 1, the Sole Arbitrator
O.M.P. (COMM) 15/2021 Page 5 of 25
erroneously assumed the risk and cost contract value to be Rs. 35.30
crores, which is unsupported by the record and has resulted in an inflated
award in favour of the respondent.
16. Learned counsel further submits that the issue of mobilization advance
has been completely misconstrued. It is contended that the petitioner had
completed nearly 50% of the work and that the entire mobilization
advance had already been recovered by the respondent through
deductions from running bills, strictly in accordance with the contract.
Despite this, the respondent, by way of a belated amendment application
dated 13.02.2020, altered the nature and quantum of its claim under the
guise of correcting a clerical error. The Sole Arbitrator allowed the said
amendment only in the final award, without granting the petitioner any
opportunity to contest the same on merits, thereby causing serious
prejudice.
17. It is also submitted that the Sole Arbitrator has wrongly allowed
recovery towards yardstick, even though no such counter-claim was
raised in the original statement of claim. The said claim was introduced
only through an amendment application dated 31.10.2018, which was
never served upon the petitioner. As a result, the petitioner was denied
any opportunity to contest the claim, and the same was allowed without
any evidence or reasons.
18. On the aforesaid grounds, learned counsel submits that the impugned
Award suffers from non-application of mind, violation of the principles
of natural justice, and patent illegality on the face of the record, and is
therefore liable to be set aside under Section 34 of the Act.
SUBMISSIONS ON BEHALF OF THE RESPONDENT
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19. Per contra, Mr. Vikram Jetly, learned CGSC appearing for the
respondent submits that the present petition is devoid of merit and is an
attempt to convert proceedings under Section 34 of the Act 1996 into an
appeal on facts. It is submitted that the scope of interference under
Section 34 is extremely limited and does not permit re-appreciation of
evidence or substitution of the arbitral tribunal’s view with that of the
Court. It is stated that the impugned Award is a detailed and reasoned
award passed after considering the pleadings, evidence and submissions
of both parties.
20. Learned Counsel has denied the petitioner’s contention that it was denied
an opportunity to contest the counter-claims and submits that the said
allegation is contrary to the arbitral record. It is stated that the
respondent had initially preferred its counter claims in September 2018,
clearly indicating that the work executed by the petitioner was
approximately Rs. 23.30 crores and that the balance work was about Rs.
27.43 crores, while expressly stating that the counter claim amounts
were tentative and subject to audit and verification.
21. It is submitted that, from time to time, the respondent sought permission
from the Sole Arbitrator to amend Counter Claim No. 1, which liberty
was duly granted. The respondent explained that a clerical and
arithmetical error had occurred in the computation of Counter Claim No.
1, wherein the amount towards recovery of mobilisation advance and
interest had been deducted twice, resulting in an inadvertent reduction of
the counter claim. Applications under Section 23(3) of the Act were
moved to correct this error, and the petitioner was afforded full
opportunity to object to the same. The objections of the petitioner were
taken on record and considered by the Sole Arbitrator.
O.M.P. (COMM) 15/2021 Page 7 of 25
22. It is submitted that the Sole Arbitrator, after considering the objections,
allowed the amendment on the ground that the error was a simple and
obvious arithmetical mistake capable of correction at any stage, and
consequently determined Counter Claim No. 1 at Rs. 11,14,37,508.70. It
is contended that the petitioner never disputed the existence of the
arithmetical mistake, but only opposed the amendment on the ground of
delay.
23. The respondent further submits that, except for the first amended claim,
the value of work executed by the petitioner was consistently recorded as
approximately Rs. 27.51 crores, leaving a balance work of about Rs.
23.21 crores. On this basis, the respondent submits that the petitioner’s
allegation of inconsistency or patent error in computation is unfounded.
24. With respect to the challenge to the risk-and-cost tender, it is submitted
that the petitioner never raised this issue before the Sole Arbitrator and is
therefore barred from raising it for the first time in proceedings under
Section 34 of the Act. Without prejudice, it is contended that the
estimated cost of the balance work was correctly assessed on the basis of
prevailing rates, inflation, and the fact that the petitioner’s original bid
was substantially below market rates.
25. In view of the above contentions it is prayed that the petition is liable to
dismissed.
ANALYSIS AND FINDINGS
26. I have heard the counsel for the parties and perused the material on
record.
27. In Consolidated Construction Consortium Ltd. v. Software Technology
Parks of India, (2025) 7 SCC 757, the Hon’ble Supreme Court
explained the scope of Section 34 of the Act as under:
O.M.P. (COMM) 15/2021 Page 8 of 25
46. Scope of Section 34 of the 1996 Act is now well crystallised
by a plethora of judgments of this Court. Section 34 is not in the
nature of an appellate provision. It provides for setting aside an
arbitral award that too only on very limited grounds i.e. as those
contained in sub-sections (2) and (2-A) of Section 34. It is the
only remedy for setting aside an arbitral award. An arbitral
award is not liable to be interfered with only on the ground that
the award is illegal or is erroneous in law which would require
re-appraisal of the evidence adduced before the Arbitral
Tribunal. If two views are possible, there is no scope for the
court to re-appraise the evidence and to take the view other than
the one taken by the arbitrator. The view taken by the Arbitral
Tribunal is ordinarily to be accepted and allowed to prevail.
Thus, the scope of interference in arbitral matters is only
confined to the extent envisaged under Section 34 of the Act. The
court exercising powers under Section 34 has per force to limit
its jurisdiction within the four corners of Section 34. It cannot
travel beyond Section 34. Thus, proceedings under Section 34
are summary in nature and not like a full-fledged civil suit or a
civil appeal. The award as such cannot be touched unless it is
contrary to the substantive provisions of law or Section 34 of the
1996 Act or the terms of the agreement.
28. Similarly, the Hon’ble Supreme Court in Ramesh Kumar Jain v. Bharat
Aluminium Co. Ltd., 2025 SCC OnLine SC 2857 has observed as
under:
42. The errors pointed out in the impugned judgement, i.e., lack
of evidence, percentage-based guess allowances, etc. do not,
singly or cumulatively, amount to patent illegality warranting
O.M.P. (COMM) 15/2021 Page 9 of 25
annulment. There were at least some evidence and logical
rationale for each award element. The arbitrator‟s approach was
certainly a possible view a reasonable man might take. The High
Court, unfortunately, re-appreciated the evidence and came to a
different view, which is impermissible. The High Court‟s
scrutinized the award from a stricter standard of proof than
arbitration law demands. Arbitrators are not bound by the strict
rules of evidence as per Section 19 of the A&C Act and may draw
on their knowledge and experience. It is settled that a court
should not interfere simply because the arbitrator‟s reasoning is
brief or because the arbitrator did not cite chapter and verse of
the contract as long as the path can be discerned by which the
arbitrator arrived at his conclusions. Here, the path is
discernible and not absurd.
29. In view of the above, it is well settled that while exercising jurisdiction
under Section 34 of the Act, this Court does not sit as an appellate
authority and cannot re-appreciate the evidence or substitute its own
view merely because another interpretation is possible. Interference with
the findings of the Arbitral Tribunal is permissible only on the grounds
expressly provided under the said provision, and unless the impugned
Award is shown to suffer from patent illegality, perversity, or
contravention of the fundamental policy of law, no interference is
warranted.
30. As recorded in the order dated 28.07.2021, the petitioner has confined its
challenge to the impugned Award on the limited ground that no
opportunity was afforded to the petitioner to contest the amended
counter claims of the respondent, thereby alleging breach of the
principles of natural justice. The said order reads as under:
O.M.P. (COMM) 15/2021 Page 10 of 25
O.M.P. (COMM) 15/2021 Page 11 of 25
O.M.P. (COMM) 15/2021 Page 12 of 25
31. The main contention of the petitioner is that the impugned Award is
vitiated as it is based upon amendment applications dated 31.10.2018
and 13.02.2020, which, according to the petitioner, were never served,
never argued, and were allowed without any notice. It is further argued
that the petitioner became aware of the amendment application dated
31.10.2018 only when the respondent filed its reply in the present
proceedings under Section 34 of the Act.
32. Per contra, the respondent has categorically denied the allegation of
non-service and lack of opportunity. It is submitted that the amendment
application dated 31.10.2018, filed under Section 23 of the Act, was duly
served upon the petitioner during the arbitral proceedings and was within
the knowledge of the petitioner at all relevant stages.
33. At this stage it becomes pertinent to reproduce the applications dated
31.10.2018 and 13.02.2020.
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34. The objection filed by the petitioner to the application dated 13.02.2020
reads as under:
“Ref: Respondents application dated 07 February „20 under
section 23(3) of the Act for amending amount of their claim
number 1
Honourable sir,
1. It is requested that the above application/amendment may not
please be allowed in view of the following:
2. a). Section 23 (3) of the Act reads as under:
“Unless otherwise agreed by the parties, either party may amend
or supplement his claim or supplement his claim or defence
during the course of the arbitral proceedings unless the arbitral
tribunal considers it inappropriate to allow the amendment or
supplement having regard to the delay in making it”
b). As brought out in your order dated 10 Feb „20, the hearing in
the proceedings was concluded on 24 January „19 and thereafter
the award was reserved and even a draft award was prepared
but it was not finalised and pronounced as there was no clarity
on payment of the fee. Therefore for all the practical purposes
the arbitral proceedings were over. Hence the amendment cannot
be allowed after more than one, year of the closure of the
proceedings,
c). Bombay High Court in the case of “Board of trustees of
Jawaharlal vs Three circles contractors” a judgement delivered
on 01 April 15, (Arbitration Petition no 648 of 2009) in para 89
of the report had remarked as under
“89. A perusal of the entire record clearly indicates that the
procedure in this matter followed by the learned arbitrator as
O.M.P. (COMM) 15/2021 Page 18 of 25
setout aforesaid is a procedure unknown to law. The entire
procedure followed by the learned arbitrator is in breach of
principles of natural justice and shows total non-application of
mind and patent illegality on the face of the award. Amendments
are allowed after closure of the arguments. Additional issues are
framed after declaring the proceedings as closed for declaring
the award. No hearing is rendered to any party on the additional
issues framed by the learned arbitrator after the proceedings
were closed for declaring the award. In my view by adopting
such procedure by the learned arbitrator in this manner, the
interest of both the parties and in particular of the petitioner was
seriously prejudiced. The entire award is thus in breach of
principles of natural justice and shocks the judicial conscience.”
2. In view of the aforesaid, it is requested that the application
and the amendment submitted by the Respondent may not pl be
admitted.”
35. A perusal of the arbitral record shows that on 24.01.2019 the Sole
Arbitrator took up the issue pertaining to the respondent’s counter-
claims and sought specific clarifications from the respondent. This
position is borne out from the record and is further corroborated by the
subsequent email dated 20.02.2019, whereby the Sole Arbitrator called
upon the respondent to furnish detailed clarifications. Notably, the said
email was also marked to the petitioner. The email dated 20.02.2019
reads as under:
O.M.P. (COMM) 15/2021 Page 19 of 25
36. The clarifications sought by the Sole Arbitrator were not mechanical in
nature but went to the root of Counter Claim No. 1, including (i) labour
escalation calculations, (ii) omission relating to mobilization advance
and interest, (iii) comparative bid statements, and (iv) details of
payments and deductions. This itself shows that the issue of revision of
counter claims was actively under consideration of the Sole Arbitrator
and could not have escaped the notice of the petitioner.
37. Pursuant thereto, the respondent filed its detailed response dated
26.02.2019, along with supporting documents, with a copy duly served
upon the petitioner. In the said response, the respondent expressly sought
revision of Counter Claim No. 1 from Rs. 5,63,16,339.70/- to Rs.
11,14,37,508.70/-, explaining the basis for such revision. The petitioner
has not been able to show that this reply was not served upon it.
O.M.P. (COMM) 15/2021 Page 20 of 25
38. Thereafter, the respondent again moved an application dated 13.02.2020
under Section 23(3) of the Act seeking to place the amended
counterclaims on record. It is an admitted position that the petitioner
filed its reply to the said application on 12.03.2020. Once the petitioner
has filed a reply to the application dated 13.02.2020, the contention that
the petitioner was unaware of the revision of the counterclaims cannot be
accepted, as the filing of the reply itself demonstrates that the petitioner
had full knowledge of the amended counterclaims.
39. A perusal of the two applications shows that Counter Claim No. 1 of the
respondent was corrected from 2.84 crores to 5.63 crores in the first
application dated 31.10.2018 and thereafter corrected from 5.63 crores to
approximately Rs. 11.14 crores in the second application dated
13.02.2020.
40. If the Petitioner had no knowledge of the application dated 31.10.2018,
the first question which the petitioner should have posed in its objections
to the respondent should have been the basis on which the figure of Rs.
5.63 crores came to be reflected in the application filed in the year 2020;
further, the fact that the petitioner objected to the second amendment
application only on the ground of delay clearly indicates that it was
aware of the respondent’s counter-claim to the extent of approximately
Rs. 5.63 crores. In view of the above the contention of the petitioner that
it had no knowledge of the amendment of the counter claim from 2.84
crores to 5.63 crores (as per the amendment application dated
31.10.2018) cannot be accepted.
41. The argument that the amendment application dated 31.10.2018 was
never argued is also not borne out from the record. The Procedural Order
reflects that show that the issue of counter claims and their clarificatory
submissions were discussed on 24.01.2019, clarifications were sought
O.M.P. (COMM) 15/2021 Page 21 of 25
thereafter, replies were filed, and the Sole Arbitrator had duly applied its
mind to the same before proceeding further.
42. The petitioner has further argued that the Sole Arbitrator had already
reserved the award and thereafter conducted a special sitting, during
which the amendment application dated 13.02.2020 was entertained.
Even assuming that the application was filed at a belated stage, the
record reflects that the petitioner was granted an opportunity to respond,
which the petitioner in fact availed. Merely because the decision on the
application did not find a separate procedural order does not ipso facto
establish violation of natural justice.
43. It is well settled that principles of natural justice require knowledge and
opportunity to respond, not a particular format of orders. In the present
case, the petitioner had notice of the revised counter claims, participated
in the proceedings, filed replies, and addressed submissions.
44. The Sole Arbitrator has also dealt with these aspects in paragraphs 11 to
16, especially para 14 which explicitly covers the amended counter
claims, of the award, explaining the manner in which the counter claims
were revised and considered. The relevant paragraphs read as under:
“11. The respondent too submitted an application on 25.10.2018
stating that following submission of the Final Bill, the amount
mentioned in the Final Bill (Rs 5,63,16,339.70) may be
substituted in place of Rs.2,84,63,305.18 which was the tentative
figure mentioned as claim no.1 in its Counter Claim.
12. The respondent also submitted another application seeking to
raise the amount relating to cost of arbitration from
Rs.5,00,000/- as claimed earlier, to Rs.30,00,000/-
13. The claimant's claims, as amended by its application dated
04.10.2018, are under several heads as under:
O.M.P. (COMM) 15/2021 Page 22 of 25
i) Claim no. 1: Rs. 8,18,72,870/- towards payment of work done,
material lying at site and escalation in respect of works executed
till date of cancellation.
[In the application dated 04.10.2018 the claim was also
computed in a different way arriving at the figure of Rs.
18,45,54,176.00 and sought to substitute it in place of
Rs.18,44,85,250 as claimed under claim no.1 in the SoC. But this
figure (Rs. 18,45,54,176.00) is arrived at by adopting a yardstick
deemed reasonable by the claimant but admittedly and manifestly
quite different from the one stipulated in the Contract
Agreement]
ii) Claim no.2: Rs. 4,36,05,321/- towards refund of the amount
collected by the respondent by encashing claimant‟s Bank
Guarantee.
iii) Claim no.3: Rs. 23,00,635/- towards payments of claimant‟s
plant and machineries and other assets at site at the time of
cancellation of the contract, idling of these plant and
machineries.
iv) Claim no. 4: Rs, 1,63,74,640/- as loss of profit due to
wrongful cancellation of the contract.
v) Claim no. 5: Rs. 29,55,053/- as interest for delay in payment
of escalation as well as of the changes.
vi) Claim no. 6: Rs 3,65,30,112/-as damages due to prolongation
of the contract period on account of breaches by the respondent.
vii) Claim no.7: Rs. 8,55,615/- -towards increase of prices of
material due to prolongation of contract beyond those
reimbursed through the escalation formulae.
O.M.P. (COMM) 15/2021 Page 23 of 25
viii) Claim no.8: Past, pendentalite and future interest @ 12%
per annum.
ix) Claim no. 9; Rs. 50,00,000/- as cost of arbitration and
litigation.
14. The respondent's counterclaims, as amended, areas under:
i) Claim no. 1: Rs. 5,63,16,339.70/- towards extra expenditure
incurred by Union of India for completing the balance work at
the risk & cost through Ramji Das Dhal Construction Put Ltd.
ii) Claim no. 2: Rs. 5,07,36,247.10/- towards compensation for
delay in completion of work.
iii) Claim no. 3: Rs: 5,37,18,000/- towards loss of revenue to
Govt. on account of not handing over the accommodation to the
service personnel.
iv) Claim no: 4: Rs. 3,33.580:12/- towards payment to consultant
(DEPMC)
v) Claim no. 5: Pendentalite and future interest @18% per
annum.
vi) Claim no. 6: Rs: 30,00,000/- for cost of reference.
At this point it is important to note that towards the very end of
the proceedings, on 23.02 2020 the respondent filed an
application under section 23 (3) of the Act once again seeking to
amend the amount claimed under claim no.1. It was pleaded that
the correct amount of claim no. 1 would be Rs. 11,14,37,508.70
and not Rs. 5,63,16,339.70 which was the result of an
arithmetical mistake in that in making the computation a certain
sum was deducted twice over. The relevant extract from the
application is as under:
O.M.P. (COMM) 15/2021 Page 24 of 25
In the working details of Counter Claim No 1 already on
record, it can be seen that an amount of Rs. 5,51,21,169.00
on account of recovery of Mobilization Advanced and
interest has been made twice. As a result, Counter Claim
amount of Respondent has been inadvertently and
incorrectly been reduced to Rs. 5,63,16,339.70 in lieu of
Rs.11,14,37,508.70. Revised detail duly amended as Rs
11,44,37,508.70 is enclosed herewith Appendix "A".
The application was very strongly opposed on behalf of the
claimant but the opposition was mainly on the ground of
extraordinary delay in seeking the amendment. It was not denied
or disputed that the amount earlier mentioned was due to a
simple-arithmetical mistake. The tribunal is of the view that the
respondent has indeed been negligent in making the application
but a simple and obvious mistake in calculation can be corrected
at any stage. The amendment application is accordingly allowed
and the amount of claim no. 1 is taken as Rs. 11,14.37.508.
15. It needs to be noted that in course of the proceeding the
respondent's representative freely gave to the claimant all the
documents asked for on its behalf from the records of the Project
and the” claimant had no difficulty in accessing the records on
which it might have relied in support of its case.
16. Since all the relevant records were not only produced before
the tribunal but also made available to the claimant's
representative both sides agreed that there was no need to
adduce any oral evidences and the matter could be heard and
finally disposed of on the basis of the documents filed by the
parties.”
O.M.P. (COMM) 15/2021 Page 25 of 25
45. In view of the above discussion, I find that the petitioner was afforded
ample opportunity to contest the amendment of counter claims, that the
proceedings do not suffer from any procedural unfairness, and that the
principles of natural justice were duly complied with by the Sole
Arbitrator.
46. Accordingly, the petition is devoid of merit and is liable to be dismissed.
CONCLUSION
47. In view of the aforesaid discussion, I find no merit in the submissions
made by the learned counsel for the petitioner to set aside the impugned
Award.
48. Thereby, the present petition is dismissed.
49. All pending applications are consequently disposed of.
JASMEET SINGH, J
JANUARY 05
th
, 2026/DE
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