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2004 Supreme(Del) 219

MUKUNDAKAM SHARMA
NATIONAL BUILDING CONSTRUCTION CORPORATION LIMITED – Appellant
Versus
DECOR INDIA PVT. LTD. – Respondent


Advocates Appeared:
Jayant Bhushan, JAYANT NATH, Subhash Mishra, VERONICA MOHAN

MUKUNDAKAM SHARMA, J

( 1 ) BY filing the present petition under Section 34 of the Arbitration and Conciliation Act, 1996 the petitioner has challenged the legality and validity of the award dated 22nd October, 1999 passed by the sole arbitrator Sh. L. C. Sharma. Incidentally, it may be mentioned that the aforesaid arbitrator was appointed by this court by order dated 4th December, 1998 passed in C. P. No. 106/1995. In order to appreciate the contentions of the counsel appearing for the parties, reference is required to be made to some background facts leading to filing of the present petition.

( 2 ) THE petitioner invited tenders for doing interior work at the ground floor of its office at Lodhi Road, New Delhi. Pursuant to the Notice Inviting Tender, the defendant submitted its tender for an estimated cost of the work of Rs. 14. 64 lacs. The petitioner accepted the tender of the respondent and the work order was issued in favour of the respondent by order dated 1st July, 1989. The respondent completed its work and sent a final bill to the petitioner. However, the said bill was not passed and cleared. The matter was thereafter referred to the Architect, in terms of Clause 56 of the













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