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2021 Supreme(Del) 1209

VIBHU BAKHRU
H. R. Builders – Appellant
Versus
Delhi State Industrial And Infrastructure Development Corporation Limited – Respondent


Advocates appeared:
Mr. Avinash Kumar Trivedi, Advocate, with Mr. Ayush P. Shah, Advocate, for the Appellant; Ms Firdouse Qutb Wani, Advocate with Mr. Gajender Sharma and Mr. Satish Chandra, ARs for DSIIDC, for the Respondent.

JUDGMENT

Vibhu Bakhru, J. - The petitioner (hereinafter 'HRB') has filed the present petition under Section 34 of the Arbitration and Conciliation Act, 1996 (hereinafter the 'A&C Act') impugning an arbitral award dated 13.04.2018 (hereinafter 'the impugned award') rendered by an Arbitral Tribunal comprising of a Sole Arbitrator.

2. The impugned award was rendered in the context of disputes that have arisen between the parties in connection with a contract awarded to HRB for refurbishment and upgradation of twenty-five government schools. The Arbitral Tribunal has rendered a net award of Rs. 3,04,91,623/- along with interest in favour of HRB.

3. Briefly stated, the relevant facts that are necessary to address the controversy are as under:

4. The Government of NCT of Delhi launched a project for refurbishment and upgradation of 198 schools run by the Government of NCT of Delhi. The respondent (hereinafter 'DSIIDC') was entrusted with implementation of a part of the project covering twenty-five schools.

5. On 08.07.2009, DSIIDC invited tenders for entire works (both civil and electrica

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