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High Court of DelhiW.P.(C)/5565/2026

Chaudhary Construction Company Pvt Ltd. v. Northern Railways Through Dy. Chief Engineer

2026-05-18Hon'Ble Mr. Justice Amit Bansal2 pages

$~67 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 5565/2026 CHAUDHARY CONSTRUCTION COMPANY PVT LTD.

.....Petitioner Through:

Mr. Gagandeep Singh, Ms. Dikshika Hoon & Mr.

Devesh Sharma, Advocates (Through videoconferencing) versus NORTHERN RAILWAYS THROUGH DY. CHIEF ENGINEER .....Respondent Through:

Mr. Akhand Pratap Singh Chauhan, SPC for Respondent.

CORAM:

HON'BLE MR. JUSTICE AMIT BANSAL

O R D E R

% 18.05.2026 1.

The present writ petition has been filed challenging the communication of the respondent/ Northern Railways dated 25th June, 2025, in terms of which the contract awarded to the petitioner has been terminated due to non-submission of the Performance Guarantee ("PG"). Further, in terms of the said communication, the Earnest Money Deposit ("EMD") deposited by the petitioner has been forfeited. 2.

Earlier, the petitioner has sent a notice dated 26th June, 2025 to the respondent/ Northern Railways seeking to invoke the arbitration proceedings in terms of the General Conditions of Contract ("GCC"). 3.

On the last date of hearing, counsel for the respondent/Northern W.P.(C) 5565/2026 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 21/05/2026 at 13:05:55

Railways was directed to take instructions with regard to the present dispute being referred to arbitration.

4.

The Contract between the parties is governed by the General Conditions of Contract (GCC, 2022), which contains clause 64(1), which is set out below:

5.

Counsel appearing on behalf of the respondent/Northern Railways does not dispute the fact that the respondent would be bound by the aforesaid arbitration clause.

6.

In view thereof, the present writ petition is disposed of, while giving liberty to the petitioner to invoke the arbitration clause. 7.

Accordingly, the present writ petition stands disposed of. AMIT BANSAL, J MAY 18, 2026 at W.P.(C) 5565/2026 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 21/05/2026 at 13:05:55