Dismissed¶24

Union of India through Executive Engineer, v. Shri Vasdev

Arbitration and Conciliation Act, 1996 – Section 37(1)(c)

Rajasthan HC6 Jan 2026CMA/2548/2025

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What is this about?

[2026:RJ-JP:77-DB] D.B. Civil Miscellaneous Appeal No. 2548/2025, High Court of Rajasthan, Jaipur Bench, decided 06/01/2026 (Sanjeev Prakash Sharma, Acting CJ and Sangeeta Sharma, J). Union of India (through Executive Engineer, ACD, CPWD, Ajmer) v. Shri Vasdev — appeal under Section 37(1)(c) of the Arbitration and Conciliation Act, 1996 dismissed in view of the identical earlier decision in Union of India v. M/s Ess Kay Construction (D.B. CMA No. 2549/2025, decided 27.11.2025); Mitra Guha Builders (India) Co. v. ONGC, (2020) 3 SCC 222 distinguished (Superintending Engineer's decision not final under Clause 2/Clause 5.4).

What did the court decide?

None to the appellant; appeal dismissed. All pending application(s) stand disposed of. ¶24

Union of India through Executive Engineer, Vs Shri Vasdev — Arbitration | Rajasthan HC (2026)

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[2026:RJ-JP:77-DB]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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D.B. Civil Miscellaneous Appeal No. 2548/2025

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Union Of India Through Executive Engineer, ACD, CPWD, Ajmer.

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----Appellant/Objector/Non-Claimant

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Versus

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Shri Vasdev, Government Contractor, 1501, Dr. Mukherjee Nagar, Phase-III, Delhi-110009

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----Non-Appellant/Respondent/Claimant

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For Appellant(s) : Mr. Rahul Kamwar & Mr. Shubham Rohilla

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HON'BLE THE ACTING CHIEF JUSTICE MR. SANJEEV PRAKASH SHARMA HON'BLE MRS. JUSTICE SANGEETA SHARMA

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Judgment

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06/01/2026

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Learned counsel fairly submits that the issue raised in the present petition stands duly adjudicated by this Court in the case of Union of India versus M/s Ess Kay Construction (D.B. Civil Miscellaneous Appeal No. 2549/2025) decided on 27.11.2025 where similar objections were examined by the Court under Section 37(1)(c) of the Arbitration and Conciliation Act, 1996 and were rejected.

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The learned counsel submits that apart from the name of the respondent, the facts are also identical.

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In Union of India (supra), this Court considered the facts and passed the following order:-

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“We have noticed that the appellant had relied on the judgments passed by the

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Hon’ble Supreme Court in the case of

[2026:RJ-JP:77-DB]

[CMA-2548/2025]

(2 of 2)

Mitra Guha Builders (India)

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Company Vs. Oil and Natural Gas Corporation Limited, (2020) 3 SCC

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222 to submit that the amount of compensation under Clause 2, cannot be referred to arbitration in terms of Clause 25. However, the learned Arbitrator has examined Clause 2, which stipulates the grant of justified extension of time in terms of Clause 5.4 and held that the decision of the Superintending Engineer, could not be said to be final in this clause. While in Mitra Guha Builders (India) Company (supra) , the decision of the Superintending Engineer was final and, therefore, it proceeded to hold that the judgment will have no application to the case and the claim was held to be arbitrary. The Commercial Court has also accepted the contentions, as decided by the learned Arbitrator.”

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In view of the above, the present Civil Miscellaneous Appeal also stands dismissed.

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All pending application(s) stand disposed of.

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(SANGEETA SHARMA),J

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(SANJEEV PRAKASH SHARMA),ACTING CJ

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KAVISH /16

Union of India through Executive Engineer, v. Shri Vasdev

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Union of India through Executive Engineer, v. Shri Vasdev

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