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2017 Supreme(Del) 3504

S.RAVINDRA BHAT, S.P.GARG
AHLUWALIA CONTRACT (INDIA) LIMITED – Appellant
Versus
UNION OF INDIA – Respondent


Advocates Appeared:
For the Appellant : Sh. Dhruv Mehta, Sh. S.K. Maniktala, Sh. Sanjay Kumar
For the Respondents: Sh. Arun Bhardwaj

JUDGMENT :

S. RAVINDRA BHAT, J.

1. Ahluwalia Contract (India) Ltd (the appellant, hereafter “Ahluwalia”) appeals the decision of a learned Single Judge, under Section 37 of the Arbitration and Conciliation Act (“the Act”), declining to set aside the award of an arbitral tribunal, under Section 34.

2. The facts are that Ahluwalia was awarded the contract for 'Package III, Electrical Services at AIIMS, Raipur entered into on 11.08.2011 (hereafter 'the Agreement') after it successfully bid in a tender process floated by the Respondent, through the Ministry of Health and Family Welfare (hereafter “the Principal”). The agreement involved the supply, installation, testing and commissioning of electrical equipments. The total contract value was Rs. 41,20,09,326/-. The completion period of the contract was 16 months, starting from 19.08.2011. Ahluwalia alleged that the Principal did not hand over the entire site till December 2015. In the meanwhile, the tenure of completion under the Agreement was extended eleven times. Accordingly, it alleged that delays in the performance of the Agreement – attributable - to the Principal’s acts and omissions, resulted in losses to it. It claimed compensati















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