2007 Supreme(Bom) 617
ANOOP V.MOHTA
Union of India – Appellant
Versus
M/s. Arctic India Bangalore – Respondent
JUDGMENT The petitioners have challenged award dated 29/03/2004 under Section 34 of the Arbitration and Conciliation Act-1996 (for short," Arbitration Act.) 2. A contract was executed by and between the parties in respect of replacement of BER A/C plant at NAD Karanja based on the tender dated 27/01/1996. The respondents’ tender was accepted on 09/04/1996. The amount of contract was Rs.86,13,066/- (Rupees Eighty six lacs thirteen thousand sixty six only). The period of completion was 15 months. The date of commencement/ completion as per the work order was 24/04/1996 to 23/07/1997. The work was actually completed, as contended by the respondents, on 11/08/1999/01/10/1999. The claimant/respondents submitted final bill on 17/07/2002 but returned by the petitioners on 31/07/2002. Thus, as dispute arose a sole arbitrator was appointed by letter dated 26/03/2003, in view of terms and condition 70 of IAFW-2249 being part of the contract between the parties. The date of completion of contract as per work order for phase-I was 23/07/1997. The certificate of completion for phase-I was of 29/07/1999. There was no certificate of completion for phase-II. As final bill was returned unpaid, on 2
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