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2023 Supreme(Del) 205

CHANDRA DHARI SINGH
IRCON INTERNATIONAL LTD. – Appellant
Versus
PNC-JAIN CONSTRUCTION CO. (JV) – Respondent


Advocates Appeared:
For the Petitioner: Mrs. Vibha Datta Makhija, with Ms. Monisha Handa, Mr. Rajul Shrivastav, Mr. Mohit D. Ram, Advs.
For the Respondent: Mr. Vikas Goel, Mr. Ritesh Sharma, Mr. Sushil Daga, Mr. Urvashi Jain, Advs.

ORDER :

[Chandra Dhari Singh, J.]

I.A. 1623/2023 (Delay in filing the additional affidavit)

1. This is an application filed on behalf of petitioner under Section 151 of the Code of Civil Procedure, 1908 for condonation of delay in filing the additional affidavit.

2. During the arguments, learned counsel appearing on behalf of the petitioner submitted that the additional affidavit has been filed vide Diary No. 94610/2023 on 20th January, 2023, but the same is not on record. The copy of the same has been taken on record.

3. For the reasons stated in the application as well as the aforesaid submission, the delay of four days in filing the additional affidavit is condoned.

4. The application is disposed of.

O.M.P. (COMM) 9/2019 & I.A. 322/2019 (Delay)

1. The instant petition under Section 34 of the Arbitration and Conciliation Act, 1996 (hereinafter “the Act”) has been filed for assailing the award dated 11th June 2018 passed by the learned Sole Arbitrator.

2. The respondent, being a successful bidder against the tender dated 18th August 2010, entered into a contract with the petitioner vide contract dated 25th April 2011. The scope of work under the contract included earthwork in form

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