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2026 Supreme(Online)(Del) 7337

IN THE HIGH COURT OF DELHI AT NEW DELHI
NBCC INDIA LIMITED – Appellant
Versus
GNC INFRA LLP & ANR. – Respondent


JUDGMENT

TEJAS KARIA, J

INTRODUCTION

1. The present Petition assails the Order dated 27.09.2022 (“Impugned Order”) passed by the Court of Ms. Nirja Bhatia, District Judge (Commercial Court-06), South-East District, Saket District Courts (“Trial Court”), in CS (Comm) No. 350/2020 (“Suit”), instituted by Respondent No. 1 against Respondent No. 2 and the Petitioner, who were arrayed as Defendant Nos. 1 and 2, respectively.

FACTUAL MATRIX

2. In the Suit, it is the case of Respondent No. 1 / the Plaintiff that:

2.1. On 02.09.2015, the Petitioner awarded a contract to Respondent No. 2, vide a Letter of Award, for the construction of the National Investigation Agency (“NIA”) Branch Office, Residential Building, and allied works at HI-Tech City, Hyderabad, Telangana (“Project”). Pursuant thereto, an agreement was executed between the Petitioner and Respondent No. 2 on 26.10.2015.

2.2. After the award of the work to Respondent No. 2, Respondent No. 2 further sub-contracted the same to Respondent No. 1. Owing to payment disputes, the sub-contract was mutually terminated. Thereafter, on 10.11.2018, Respondent No. 1 and Respondent No. 2 arrived at an understanding that the payment disputes w

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