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2018 Supreme(Del) 3281

S.RAVINDRA BHAT, A.K.CHAWLA
Wishwa Mittar Bajaj and Sons – Appellant
Versus
Shipra Estate Ltd and Jaikishan Estates Developers Private Limited – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. Raghavendra M. Bajaj with Mr. Shreyas Mehrotra, Advs.
For the Respondent: Mr. Amit Mahajan with Mr. Arbaaz Hussain, Mr. Jaiyesh Bakhshi, Mr. Animesh Sinha & Mr. Kabir Chilwar, Advs.

JUDGMENT :

A.K. CHAWLA, J.

1. The appellant (hereafter “Bajaj”) is aggrieved by the judgment of the learned Single Judge which upheld the objections of the respondent (hereafter “Shipra”) under Section 34 of the Arbitration and Conciliation Act 1996 (in short 'the Act') against the arbitral tribunal’s award dated 03.01.2017 (in short 'the impugned award').

2. The genesis of the dispute is the contract entered into amongst the parties for the construction of a Multistorey Residential Complex - 3 bed Rooms (Block - B6 & B7) [(B+G+10+Pent House), (B+G+6+Pent House)] at Plot No. 14, Phase IV, Indirapuram, Ghaziabad (Civil, Electrical, Public Health & other works) (in short 'the subject works'). The rates, terms and the conditions of the subject works to be executed by Bajaj, were enumerated in the letter Ref. No. SEL/JKEDPL/WMBS/05-06/51 dated 19.11.2005 (in short 'the work order'). A total sum of Rs.7,07,66,614/- was to be paid to Bajaj. The terms and conditions for the execution of the subject works inter alia provided the completion of the works within 16 months from the twenty f

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