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2016 Supreme(Del) 1824

V.KAMESWAR RAO
WINNER CONSTRUCTIONS PRIVATE LIMITED – Appellant
Versus
UNION OF INDIA – Respondent


Advocates Appeared:
For the Appellant : Ms. Renuka Arora, Adv.
For the Respondent: Mr. Jaswinder Singh, Adv.

JUDGMENT :

V.KAMESWAR RAO, J.

1. This petition has been filed under Section 11 of the Arbitration and Conciliation Act, 1996 to refer additional Claim No. 1, additional claim No. 1A, Claim No.1, Claim No.2, Claim No. 10 and Claim No. 15 to learned Arbitrator Mr. V.K. Malik appointed by the respondent.

2. It is suffice to state during the course of the submissions, the learned counsel for the petitioner has stated that the relief is only confined to additional claim no. 1, which is reproduced as under:

“Whether the respondent is in breach of contract? If yes, whether the action of the respondent in levying the L.D/ compensation is illegal and arbitrary. Contractor claims declaratory award declaring the action taken under clause 2 of the agreement as illegal and uncontractual.”

3. Some of the facts relevant for deciding the present petition are that pursuant to NIT for "Construction of Residential Quarters for staff and officers of Lok Sabha Secretariat etc. at R.K. Puram, New Delhi including internal and external water supply and sanitary installation, development work and internal electrical installations, the Petitioner submitted its bid and was awarded the contract on 15.06.2011.

4. Th

















































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