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+ O.M.P. 420/2012 vs M/S Navayuga Engineering Co Ltd & ... on 31 March, 2014

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reserved on: 05.12.2013

% Judgment delivered on: 31.03.2014

+ O.M.P. 420/2012

PUBLIC WORKS DEPARTMENT

..... Petitioner

Through: Ms. Nandita Rao and Ms.Neha Mam,

Advocates.

versus

M/S NAVAYUGA ENGINEERING CO LTD & ANR

..... Respondents

Through: Mr. Arijit Mazumdar, Advocate.

CORAM:

HON'BLE MR. JUSTICE VIPIN SANGHI

JUDGMENT

VIPIN SANGHI, J.

1. These are objections preferred by the petitioner under Section 34 of the Arbitration & Conciliation Act, 1996 (the Act) to the arbitral award dated 26.12.2011 made by Shri S.C. Vasudeva, the Sole Arbitrator, whereby certain claims of the respondent contractor have been allowed and the counter-claim of the petitioner has been rejected.

2. The petitioner invited tender for construction of bridge across river Yamuna near Geeta Colony vide the press notification dated 19.07.2004. The estimated cost of work was Rs.90,04,25,485/-. The time allowed for

O.M.P. 420/2012 Page 1 of 29 completion of work was thirty six months. The respondents‟ tender was accepted vide letter dated 05.11.2004 for an amount of Rs.99,76,57,431/-. The stipulated date of commencement of work was 30.01.2005 and the scheduled date of completion was 29.01.2008. The contract was to be gove


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