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2019 Supreme(Del) 2161

SANJEEV NARULA
Ministry of Health and Family Welfare – Appellant
Versus
HOSMAC Projects Division of HOSMAC India Pvt. Ltd. – Respondent


Advocates:
Advocate Appeared:
Praveen Kumar Jain, Akanksha Agrawal, Yashwant Singh, Pankaj Kumar Sinha, Anil Bhatt, Murari Kumar, Nakul Dewan, Himanshu Chaubey.

JUDGMENT :

Sanjeev Narula, J.

I.A. No 8750 of 2019 (U/Sec. 34(3) of the A&C Act, 1996, r/w Section 151 CPC for condonation of delay in filing)

1. The present petition under Section 34 of the Arbitration and Conciliation Act, 1996 has been filed against the Arbitral Award dated 20th November 2018, passed by the Sole Arbitrator, (hereinafter ‘the Arbitrator’) whereby an amount of Rs. 22,05,09,651/- along with future interest @ 12% p.a. has been allowed in favour of the Respondent, along with the cost of arbitration assessed at Rs. 25 lakh.

Brief Facts:

2. On 7th May 2010, Petitioner No. 1-Ministry of Health and Family Welfare entered into an agreement with the Respondent-Hosmac Projects Ltd. for construction of Emergency Care Services and for renovation of 16 existing VIP Rooms in Respondent No. 2 - Dr. Ram Manohar Lohia Hospital, New Delhi, (hereinafter referred to as ‘the Agreement’). On completion of the work, Respondent was issued "No Objection Certificate" and Completion Certificate dated 11th February 2015. Thereafter, disputes arose between the parties with respect to payment a

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