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2017 Supreme(SC) 379

DIPAK MISRA, A.M.KHANWILKAR
Union of India – Appellant
Versus
Simplex Infrastructures Ltd. – Respondent


JUDGMENT

A.M.KHANWILKAR, J.

1. The short question that arises for consideration in this appeal is: whether an intra-Court Letters Patent Appeal under clause 15 of the Letters Patent of High Court at Calcutta can be maintained against an order passed by the Single Judge on an application for condonation of delay filed along with the petition (for setting aside an Arbitration Award) under Section 34 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as ‘the Act’)?

2. Briefly stated, the Respondent being the lowest bidder was allotted a contract by the Appellant in respect of work styled as “Construction of Tsunami Reconstruction Project in A & N Islands. SH: Construction of 821 units of permanent shelters (single stories) including internal water supply sanitary installation & internal Electrification in the Island of Teressa.” The contract agreement was entered into between the parties on 5th October, 2006. According to the Appellant, the Respondent failed to adhere to the time frame for completion of the contract. As a result, a show cause notice was issued to the Respondent on 27th April, 2007 to show cause as to why the contract should not be rescinded by invo


























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