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2016 Supreme(Del) 2534

MANMOHAN SINGH
DEDICATED FREIGHT CORRIDOR CORPORATION OF INDIA LTD. (DFCCIL) – Appellant
Versus
SOMA ENTERPRISES LTD. – Respondent


Advocates Appeared:
For the Appellant : Mr. S.K. Taneja, Sr. Adv., Mr. J.K. Singh, Ms. Shaheen, Advs.
For the Respondent: Mr. Dharmendra Rautray, Adv., Mr. Ankit Khushu, Ms. Tara Shahani, Advs.

JUDGMENT :

MANMOHAN SINGH, J.

1. By way of this judgment, I propose to decide the objection petition under Section 34 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the “Act”) whereby the petitioner is challenging the Award dated 4th January, 2015.

2. Brief facts of the case as per pleadings of the parties are that the petitioner was awarded the work for design and construction of 54 important and major bridges of western freight corridor between Vaitarna and Utran (approx. 200 Kms) on a lump sum contract basis. The respondent accepted the proposal of the petitioner for Rs.605.15 crores vide Letter of Acceptance ("LOA") dated 26th December, 2008 and vide letter dated 17th February, 2009 it was agreed that the date of commencement of work or the "Notice to Proceed with work" shall be considered from 16th February, 2009 and 30 months period of completion of works on the entire 54 bridges shall be computed from that date. Accordingly, the date of completion was 14t

































































































































































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