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2017 Supreme(Del) 3613

GITA MITTAL, C.HARI SHANKAR
NHAI – Appellant
Versus
Hindustan Construction Co. Ltd. – Respondent


Advocates Appeared:
For the Petitioner: Mr. Rajiv Kapoor and Mr. Srikant Sharma, Advs.
For the Respondent: Mr. Dayan Krishnan, Sr. Adv. with Ms. Malavika Lal, Ms. Niyati Kohli and Ms. Aakash Lodha, Advs.

JUDGMENT :

C. HARI SHANKAR, J.

The present appeal is directed against judgment, dated 24th January 2017, of the learned Single Judge in OMP 260/2015, which had been preferred by the appellant, under Section 34 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as “the Act”), challenging Award, dated 29th November, 2014, as corrected on 15th December, 2014.

The Facts:

2. In 2004, bids were invited, by the appellant, for development of road connectivity to Paradip Port in Orissa. The respondent bid, and was awarded the contract, by the appellant, vide Letter of Acceptance dated 16th December, 2003, for a sum of Rs 327,76,71,777/-. Pursuant thereto, contract agreement, between the appellant and the respondent, was signed on 29th of January, 2004. Work, under the contract, was to be completed within a period of 36 months from the “start date” of the contract. As per notice of commencement of the work, the date for starting the work was 19th February, 2004, so that the date of completion of the whole work, as originally stipulated, was 18th February, 2007.

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