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2009 Supreme(Del) 321

MANMOHAN SINGH
Kunj Bihari Construction Co. Pvt. Ltd. – Appellant
Versus
Nidhi Builders Pvt. Ltd. – Respondent


Advocates appeared:
For Appellant/Petitioner/Plaintiff: S.D. Singh, Adv., Rahul K. Singh and Bharti Tyagi, Advs.
For Respondents/Defendant:Rajeev Mehra and Arvind Sharma, Adv. for Respondents No. 1 and 2 and Sanjeev Bhandari, Adv. for Respondent No. 3

JUDGMENT

Manmohan Singh, J.

1. This petition under Section 9 of the Arbitration and Conciliation Act, 1996 (for short the Act) has been filed by the petitioner before this Court which was listed on 26th December, 2008 and on the said date the following interim orders were passed:

In the meanwhile the respondents shall maintain status quo with regard to the material and the work at the construction site of Provision of Married Accommodation Project for ORS (196 DUS) JCO (53 DUS) including external allied services at Kabul Lines, New Delhi.

2. The controversy in the matter arises out of a contract whereby the respondents No. 1 and 2 were awarded the contract by Respondent No. 3 Director General, Marketing Accounts Project (for short DG, MAP) vide work order dated 28th August, 2005 with respect to construction of Married Accommodation Project including external allied services of Kabul Lines, Delhi Cantt, New Delhi commonly known as Kabul Line Project. The value of the contract was Rs. 23,14,68,336/-. The project was to be completed by Respondents No. 1 and 2 till 15th June, 2007 who were unable to execute the works. Admittedly, the respondents had completed and executed the work to t



























































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