# In the matter of Godavari Projects (J V) vs. Union of India

> HC judgment dated 2024-03-04. Citation: TCN-2024-HC-00119. The petition was filed under Section 11(6) of the Arbitration and Conciliation Act, 1996, seeking…

- **Court:** HC
- **Order date:** 4 Mar 2024
- **Citation:** TCN-2024-HC-00119
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/high-courts-new-delhi/godavari-projects-j-v-vs-union-of-india-ac131d53

## Summary

### Background

The petition was filed under Section 11(6) of the Arbitration and Conciliation Act, 1996, seeking the appointment of a Sole Arbitrator to adjudicate disputes between Godavari Projects (J.V) and Union of India. The disputes arose from a tender process initiated by the respondent for construction of dwelling units including allied services for officers & ORS at Mumbai (Army). The petitioner's bid was accepted, and a work order was issued on 27.06.2016. The petitioner claims the work could not be completed within the stipulated time and was terminated by the petitioner vide letter dated 14.09.2021. The petitioner submitted its final bill, but payment was not released. The respondent sought to terminate/cancel the contract under Clause 48 of the GCC vide letter dated

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## Facts

Godavari Projects (J.V) and Union of India entered into a contract for construction of dwelling units including allied services for officers & ORS at Mumbai (Army) pursuant to a tender process initiated by the Union of India. The bid submitted by Godavari Projects was accepted, and a work order was issued on 27.06.2016. Disputes arose between the parties because the petitioner claims the work could not be completed within the stipulated time and was terminated by the petitioner vide letter dated 14.09.2021. The petitioner submitted its final bill, but payment was not released. The respondent sought to terminate/cancel the contract under Clause 48 of the GCC vide letter dated 22.01.2022. Godavari Projects invoked arbitration on 15.04.2022. The Union of India

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## Issues and analysis

### Issue 1: Whether the present petition under Section 11(6) of the Arbitration and Conciliation Act, 1996 is …

**Ratio:** The scope of inquiry in a petition under Section 11 of the A&C is limited to

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**Reasoning:** The court considered the arguments from both parties and perused the record. The court

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**Interpretation:** Section 11(6) of the Arbitration and Conciliation Act, 1996 provides for the

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**Application:** The court determined that a valid arbitration agreement existed between the

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## Parties

- **Judges:** SACHIN…
- **Appellants:** GODAVARI PROJECTS…
- **Respondents:** Union of…
- **Other parties:** Kohi…

## Timeline

- **2016-06-27 — Work Order…**: A work order was issued to the…
- **2021-09-14 — Contract Termination by…**: The petitioner terminated the…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 11(6) — Persons not entitled to make application](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-11)

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