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2017 Supreme(Del) 1354

VIBHU BAKHRU
Ahluwalia Contracts (India) Ltd. – Appellant
Versus
Union of India, Ministry of Health & Family Welfare – Respondent


Advocates Appeared:
For the Petitioner: Mr. S.K. Maniktala, Mr. Swetab Kumar, Mr. Vinod Kumar
For the Respondent: Mr. Anil Panwar, Mr. Nimesh Thakur

JUDGMENT :

Vibhu Bakhru, J.

1. The petitioner (hereafter ‘ACIL’) has filed the present petition under Section 34 of the Arbitration and Conciliation Act, 1996 (hereafter ‘the Act’) to partially set aside the arbitral award dated 08.04.2016 (hereafter ‘the impugned award’) made by the sole arbitrator. The impugned award was rendered in respect of the disputes that had arisen in connection with an Agreement dated 11.08.2011.

2. Briefly stated, the relevant facts necessary to address the controversy involved in the present petition are as under:-

2.1 ACIL was awarded the contract for ‘Package III, Electrical Services at AIIMS, Raipur’ dated 11.08.2011 (hereafter ‘the Agreement’) pursuant to a tender floated by the respondent, through the Ministry of Health and Family Welfare. The scope of works under the Agreement comprised of supply, installation, testing and commissioning of electrical equipments. The total contract value was Rs.41,20,09,326/-. The completion period of the Agreement was 16 months commencing from 19.08.2011.

2.2 It is ACIL's case that the respondent failed to handover the entire site even till December 2015. In the meanwhile, the Agreement was extended eleven times. Accor

















































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