Delhi High Court
Cobra Instalaciones Y Servicios S ... vs Haryana Vidyut Prasaran Nigam Ltd ... on 6 May, 2022
$~119 to 122
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Decision: 06.05.2022
+ O.M.P. (COMM) 598/2020
M/S COBRA INSTALACIONES Y SERVICIOS, S.A. &
M/S SHYAM INDUS POWER SOLUTION PVT
LTD. (JV) ..... Petitioner
Through: Mr Pankaj Kumar Singh,
Advocate.
versus
HARYANA VIDYUT PRASARAN NIGAM
LTD. (HVPNL) ..... Respondent
Through: Mr Samir Malik, Ms Iti
Agarwal and Mr Praful Shukla,
Advocates.
AND
+ O.M.P. (COMM) 599/2020
M/S COBRA INSTALACIONES Y SERVICIOS. S.A &
M/S SHYAM INDUS POWER SOLUTION PVT
LTD JV ..... Petitioner
Through: Mr Pankaj Kumar Singh,
Advocate.
versus
HARYANA VIDYUT PRASARAN NIGAM
LTD. (HVPNL) ..... Respondent
Through: Mr Samir Malik, Ms Iti
Agarwal and Mr Praful Shukla,
Advocates.
AND
+ O.M.P. (COMM) 600/2020
M/S COBRA INSTALACIONES Y SERVICIOS. S.A &
M/S SHYAM INDUS POWER SOLUTION PVT.
Signature Not Verified
Digitally Signed
By:Dushyant Rawal
Signing Date:10.05.2022 O.M.P. (COMM) 598/2020 and Other Connected Matters Page 1 of 4
LTD. (JV) ..... Petitioner
Through: Mr Pankaj Kumar Singh,
Advocate.
versus
HARYANA VIDYUT PRASARAN NIGAM
LTD. (HVPNL) ..... Respondent
Through: Mr Samir Malik, Ms Iti
Agarwal and Mr Praful Shukla,
Advocates.
AND
+ O.M.P. (COMM) 601/2020
M/S COBRA INSTALACIONES Y SERVICIOS, S.A &
M/S SHYAM INDUS POWER SOLUTION
PVT. LTD. (JV) ..... Petitioner
Through: Mr Pankaj Kumar Singh,
Advocate.
versus
HARYANA VIDYUT PRASARAN NIGAM
LTD. (HVPNL) ..... Respondent
Through: Mr Samir Malik, Ms Iti
Agarwal and Mr Praful Shukla,
Advocates.
CORAM:
HON'BLE MR. JUSTICE VIBHU BAKHRU
VIBHU BAKHRU, J. (ORAL)
1. The petitioner (hereafter 'Cobra') has filed these petitions
under Section 34 of the Arbitration and Conciliation Act, 1996
(hereafter 'the A&C Act') impugning a common arbitral award dated
29.07.2020 (hereafter 'the impugned award') rendered by an Arbitral
Tribunal comprising of a former Judge of this Court as the Sole
Arbitrator (hereafter 'the Arbitral Tribunal').
Signature Not Verified
Digitally Signed
By:Dushyant Rawal
2. The impugned award was delivered in the context of disputes
that had arisen between the parties in relation with two contracts each
in respect of Packages G-14A, G-17, G-19A, and G-19B. The works
stipulated under the contracts were not finished by Cobra as per the
scheduled completion dates.
3. Cobra has challenged the said award to the extent that the
Arbitral Tribunal has rejected its claim for payment of sales tax in
addition to the amounts agreed. According to Cobra, it was liable to be
reimbursed the sales tax on 'bought out' items.
4. According to the respondent (hereafter 'HVPNL'), the price
quoted by Cobra was an all-inclusive price and therefore, Cobra was
not required to be separately reimbursed for the sales tax on bought
out items.
5. The learned counsel for the parties state that the said issue is
squarely covered by the decision of this Court in M/s Cobra
Instalaciones Y. Servicios, S.A. & M/s Shyam Indus Power Solution
Pvt. Ltd. (JV) v. Haryana Vidyut Prasaran Nigam Ltd. (HVPNL):
O.M.P. (COMM) 597/2020, decided on 25.04.2022, whereby this
Court had declined to interfere with an arbitral award delivered by the
Arbitral Tribunal, rejecting a similar claim. This Court found that the
Arbitral Tribunal's interpretation of the contract was within its
jurisdiction and warranted no interference in these proceedings.
6. In view of the above and for the reasons stated in M/s Cobra
Instalaciones Y. Servicios, S.A. & M/s Shyam Indus Power Solution
Signature Not Verified
Digitally Signed
By:Dushyant Rawal
Pvt. Ltd. (JV) v. Haryana Vidyut Prasaran Nigam Ltd. (HVPNL)
(supra), the petitions are dismissed.
VIBHU BAKHRU, J
MAY 6, 2022
RK Click here to check corrigendum, if any
Signature Not Verified
Digitally Signed
By:Dushyant Rawal
