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2017 Supreme(Del) 2076

JAYANT NATH
Jaycon Infrastructure Limited – Appellant
Versus
Soma Enterprise Limited – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr. Keshav Dayal, Ms. Geeta Mehrotra

JUDGMENT :

Jayant Nath, J.

1. Present petition is filed under section 34 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as “the Act”) seeking to challenge the Award dated 31.1.2017 made and published by the learned Arbitrator. The parties entered into an agreement on 12.02.2008. A part of the project work, namely, Earth Works and Structural works to be executed on 66.161 KM of the National Highway No.1 i.e. from KM 146.000 to KM 212.161 was awarded to the petitioner by the respondent vide letter of Award dated 23.2.2009. Two agreements were also signed between the parties dated 4.4.2009 for (i) Earth work and excavation for Highway and structure work of project between Km 146.000 to Km 212.161 for a sum of Rs.71.98 crores and (ii) structure work for the same area. The work was to be completed within 30 months from the date of signing of the Agreement or from the date of notice of commencement of work, whichever was later.

2. It is the case of the petitioner that there were hindrances on the part of the respondent on account of which execution of the work was delayed. It is stated by the petitioner that the work was closed in July 2011. The petitioner was not sa














































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