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2022 Supreme(Cal) 1083

PRAKASH SHRIVASTAVA
Hindusthan Builders – Appellant
Versus
Ircon International Limited – Respondent


Advocates appeared:
Sauvik Nandy, Advocate, S. Saha, Advocate, Raghunath Ghose, Advocate, Sevanti Roy, Advocate

JUDGMENT

Prakash Shrivastava, CJ. - This application under Section 11(6) of the arbitration and Conciliation act has been filed by the applicant for appointment of arbitrator to resolve the dispute between the parties.

2. The case of the applicant is that in response to the e-tender, applicant had given the offer and letter of acceptance dated 29.01.2016 was issued to the applicant by the respondent for construction of 750m approx. concrete road as per technical and MORTH Specifications. The formal agreement was executed on 14.03.2016. The work was to be completed within 9 months, but there was some delay in completion. The extension of time was granted by the respondent by their letter dated 05.06.2017. Ultimately, the work was completed on 15.12.2017. The allegation of the applicant is that the work was delayed due to the default on the part of the respondent. according to the applicant the payment was also delayed and was made only after 05.03.2019 that too on submission of No Claim Certificate which was submitted under economic duress. applicant had issued the letter dated 02.09.2019 for appointment of arbitrator. applicant thereafter had sent the notice for conciliation dated 19

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