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2023 Supreme(Cal) 585

SHEKHAR B. SARAF
Union of India – Appellant
Versus
Premco-GPT JV – Respondent


Advocates Appeared:
For the Petitioner: Mr. Indrajeet Das Gupta, Ms. Sanchita Barman.
For the Respondent: Mr. Anuj Kr Mishra, Mr. Shahrukh Raja.

JUDGMENT :

Shekhar B. Saraf, J.

1. The instant application by the petitioner Union of India (hereinafter referred to as the ‘award debtor’) under Section 34 of the Arbitration & Conciliation Act, 1996 (hereinafter referred to as ‘the Act’) arises out of an arbitral award dated June 18, 2021 passed by the Arbitral Tribunal of Mr. Arunendra Kumar, Mr. Shahzad Shah and Mr. Mahesh Gupta (hereinafter referred to as the ‘impugned award’). The respondent is Premco-GPT (JV).

2. The petitioner also seeks the leave of this Court to condone the delay in filing the instant application.

Facts

3. I have mapped out the factual matrix of the present application below :

    a. The petitioner invited open tender for “Earth work in cutting and embankment with mechanical compaction, supplying, spreading & compaction of stone dust blanketing, extension of existing Major and Minor bridges, construction of new P.F., P.F. Shed, FOB etc. in connection with doubling between station Dakshin Barasat (Km 41.78) and Lakshmikantapur (Km 61.46)”. The petitioner issued a letter of acceptance in relation to the said tender to the respondent on January 15, 2010. The original completion date for the said project was July 14, 2

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