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2017 Supreme(Del) 2777

C.HARI SHANKAR, GITA MITTAL
Shiam Cooperative Group – Appellant
Versus
Kamal Construction Co. Ltd. – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Ms. Anusuya Salwan, Ms. Renuka Arora
For the Respondent: Mr. Raman Kapur, Mr. F. Hasan, Mr. R.P. Singh, Mr. Varun Kapur

JUDGMENT :

C. Hari Shankar, J.

1. Vide order dated 10th August, 2017, we had dismissed the present appeal, for reasons to be recorded separately. We proceed, by this judgment, to record our reasons for the said order.

2. The appellant seeks, by the present appeal, to challenge the order, dated 15th February, 2017, of the learned Single Judge in OMP No.144/2010, whereby the objections, filed by the appellant under Section 34 of the Arbitration & Conciliation Act, 1996 (hereinafter referred to as “the Act”), against award dated 14th December, 2009, of the learned Arbitral Tribunal, have been dismissed.

3. The facts, relevant to adjudication of the issue in controversy, lie in a narrow compass.

4. Vide agreement dated 12th September, 2000, the respondent contracted to construct 120 dwelling units for the appellant, which is a co-operative Group Housing Society. The scheduled date of completion was 22nd January, 2004.

5. The controversy in the present case dealt with the item of “development work”, forming a core component of the work contracted, by the appellant to the respondent.

6. It was contended, by the appellant before the learned Single Judge, as the respondent could not complete the













































































































































































































































































































































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