[2026:RJ-JP:77-DB] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR D.B. Civil Miscellaneous Appeal No. 2548/2025 Union Of India Through Executive Engineer, ACD, CPWD, Ajmer. ----Appellant/Objector/Non-Claimant Versus Shri Vasdev, Government Contractor, 1501, Dr. Mukherjee Nagar, Phase-III, Delhi-110009 ----Non-Appellant/Respondent/Claimant For Appellant(s) : Mr. Rahul Kamwar & Mr. Shubham Rohilla HON'BLE THE ACTING CHIEF JUSTICE MR. SANJEEV PRAKASH SHARMA HON'BLE MRS. JUSTICE SANGEETA SHARMA Judgment 06/01/2026 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. The learned counsel submits that apart from the name of the respondent, the facts are also identical. In Union of India (supra), this Court considered the facts and passed the following order:- “We have noticed that the appellant had relied on the judgments passed by the Hon’ble Supreme Court in the case of [2026:RJ-JP:77-DB] (2 of 2) [CMA-2548/2025] Mitra Guha Builders (India) Company Vs. Oil and Natural Gas Corporation Limited, (2020) 3 SCC 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.” In view of the above, the present Civil Miscellaneous Appeal also stands dismissed. All pending application(s) stand disposed of. (SANGEETA SHARMA),J (SANJEEV PRAKASH SHARMA),ACTING CJ KAVISH /16