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2019 Supreme(Del) 452

SANJEEV NARULA
Rites Ltd. – Appellant
Versus
Subrata Kumar Ghose – Respondent


Advocates:
Advocate Appeared:
R.P. Agrawal, Adv., Sonali Rastogi, Adv., Prateek Kushwaha, Adv.

JUDGMENT :

SANJEEV NARULA, J.

1. The present Petition under Section 34 of the Arbitration and Conciliation Act, 1996 (“the Act” in short) read with Section 10 (2) of The Commercial Courts, Commercial Division and Commercial Appellate Division of High Courts Act, 2015 challenges the arbitral award dated 7th January 2019 passed by the learned Sole Arbitrator Sh. T.K. Dhar. Case of the Petitioner

2. Petitioner is an Engineering Consultancy Company incorporated under the provisions of the Companies Act, 1956, specializing in the field of Transport Infrastructure. Respondent runs a sole proprietorship business under the name and style of Dawn Engineering Company.

3. Petitioner floated a Tender dated 8th May 2012 for “Survey, data collection and preparation of Drawings, documents related to Railway Electrification of New Dedicated Freight Corridor “East - West” (Kolkata-Mumbai) for DFCCIL”. Respondent participated in the same and was declared the successful bidder. He was awarded the said work vide Letter of Acceptance (LOA) dated 5th October 2012 for an amount of Rs. 21, 38,000/-

4. As per the LOA the said work was to be completed within a period of 6 months from the date of issuance of LOA




























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