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2013 Supreme(Del) 2028

S.RAVINDRA BHAT, SUDERSHAN KUMAR MISRA
Wishwa Mittar Bajaj & Sons – Appellant
Versus
UOI – Respondent


Advocates:
Mr. Raghavendra M. Bajaj, Advocate for Appellants.
Mr. R.V, Sihha, Advocate for Respondent.

JUDGMENT :

S.Ravindra Bhat, J.

1. The appellant (hereafter ‘the claimant”) is aggrieved by the judgment and order of a learned Single Judge, allowing the respondent’s Petition under Section 34 of the Arbitration and Conciliation Act, (“the Act”) setting aside an award, made in its (i.e the appellant’s) favour.

2. The Appellant was awarded a lump sum contract, for construction of infrastructure for breeding and training of dogs at RVC Centre and School at Meerut. The total contract sum was Rs. 2,79,44,098.10 and work was to be completed by 15.04.2003. It was completed on 12.04.2003 and the Appellant submitted the final bill. The payment towards final bill was made on 11.02.2004. At the stage of payment, certain amounts were withheld by the Respondent. This led to disputes and the matter was referred to arbitration. In the arbitral proceedings, the appellant claimed amounts towards 10 heads. Claim no. 1 sought compensation on account of delay in payment of running bills and final bill; Claim no.2 was for reimbursement of additional expenditure incurred for providing extra work; Claim no.3 was for reimbursement of payment made to idle labour; Claim no.4 was for reimbursement for charges























































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