JUDGMENT :

M.R. Shah, J.

1. Feeling aggrieved and dissatisfied with the impugned judgment and order dated 14.08.2018 passed by the High Court of Delhi at New Delhi in FAO(OS) No.112 of 2018 by which the High Court has partly allowed the said appeal, the Indian Railway Construction Company Limited (hereinafter referred to as “IRCON”) has preferred the present appeal.

2. The brief facts leading to filing of the present appeal in nut-shell are as under:

2.1 That, an Agreement was entered into between IRCON and the respondent – M/s. National Buildings Construction Corporation Limited (hereinafter referred to as “NBCC”), whereby the respondent was awarded the work of construction of Railway Station cum Commercial Complex at Vashi, Navi Mumbai at a cost of Rs.3042.91 lakh, to be constructed within a period of 30 months from 05.04.1990. NBCC failed to complete the work in time. Thereafter, the supplementary agreements were entered into between the parties. As the provision for grant of advances had exhausted, NBCC approached IRCON with modified programme for completion of works and sought for additional financial aid on certain terms and conditions. IRCON in consultation with CIDCO, agreed to