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2018 Supreme(Del) 478

JAYANT NATH
Brahmaputra Cracker and Polymer Limited – Appellant
Versus
RVR Projects Private Limited – Respondent


Advocates Appeared:
For the Petitioner: Mr. N.L. Ganpathi and Mr. Shaleen Srivastava
For the Respondents: Mr. Sridhar Potaraju, Mr. Prabhat and Ms. Ankita Sharma

JUDGMENT :

JAYANT NATH, J.

1. This order is passed in continuation with the order dated 31.1.2018. I have heard learned counsel for the respondent. The contents of the order dated 31.1.2018 are somewhat repeated herein for the sake of continuity of the order.

2. This petition is filed under Section 34 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the Act) seeking to set aside a part of the Award dated 15.11.2017 passed by the learned Arbitrator.

3. The brief facts which come out from the petition are that the petitioner is a Central Public Sector Enterprise for the Government of India. It had invited bids for the Civil and Structural Works of Linear Low Density Polyethylene and High Density Polyethylene Unit of the petitioner’s petrochemical complex in Dibrugarh, Assam. The respondent emerged as L1 bidder and its bid was accepted. Letter of acceptance dated 08.02.2010 was issued by the petitioner to the respondent. Engineers India Ltd. was the Engineer-in-Charge for the contract. It is pleaded that the date of commencement of the contract was 17.12.2009 and the time for completion was 18 months. The contract completion date was 16.06.2011. 75% of the origina








































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