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2019 Supreme(Bom) 2000

S.C.GUPTE
Municipal Corporation Of Greater Mumbai – Appellant
Versus
S. N. Thakkar Construction Company Private Limited – Respondent


Advocates Appeared:
P.G. Lad, Adv., R.Y. Sirsikar, Adv., D.S. Shingade, Adv., Nikhil Wadikar, Adv., Pradip Zende, Adv., S.S. Phadke, Adv.

JUDGMENT

S.C.Gupte, J. - This arbitration petition challenges an award passed by a sole arbitrator in the matter of disputes and differences between the parties arising out of a contract for construction for the Petitioner Municipal Corporation.

    2. In 2002, the Petitioner invited tenders for providing and constructing diversion chambers for diverting sewage from SWD to sewerage system at seven locations in the city of Mumbai. The Respondents submitted their offer. The Petitioner accepted the offer and issued a work order directing the Respondents to commence the work from 01.10.2003 and complete the same by 31.05.2004. The Respondents were directed to get the work drawings approved before commencing the work and also to submit a PERT program and seek approval thereof. On 08.10.2003, the Respondents submitted a bar chart and cash flow statement. (This was after the due date of commencement of work.) During the course of the work, the Petitioner wrote several letters to the Respondents complaining of slow progress as also breaches of contract on the part of the Respondents and asking the latter for expediting the work. It is the case of the Petitioner that on 31.05.2004, the contract

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