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2023 Supreme(Del) 463

CHANDRA DHARI SINGH
Union Of India – Appellant
Versus
Satish Builders – Respondent


Advocate Appeared:
For the Petitioner:Mr. Ruchir Mishra, Mr. Sanjiv Kr. Saxena, Mr. Mukesh Kr. Tiwari, Ms. Reba Jena Mishra and Ms. Poonam Mishra, Advocates

ORDER :

Chandra Dhari Singh, J.

1. The instant objection petition under Section 34 of the Arbitration and Conciliation (Amendment) Act, 2015 has been filed on behalf of the petitioner seeking the following reliefs:

    “a) Set aside the award passed by the Ld Arbitrator dated 22.10.2022 passed by the learned Sole Arbitrator Sh J .S. Sharma in Agreement No. 01/EE/MPD-I/2018-19 titled as M/s Satish Builders Vs Union of India in Arbitration Case No. JSS/ARB/4, received by Petitioner on 22.10.2022, to the extent it awards claims to the respondent contractor and rejects counter claims of the petitioner;

b) Direct cost of the proceedings in favour of the petitioners/objectors and against the respondent;

c) Pass any other or further order as this Hon'ble tribunal deem fit and proper in the fact and circumstances of the case.”

FACTUAL MATRIX

2. In January 2018, the Contractor/respondent was awarded a Contract for work by the Central Public Works Department (CPWD) (hereinafter referred to as “CPWD/petitioner”). The first Contract was awarded vide Agreement No. 06/EE/CUHPD/2017-18 for the tendered value of INR 21,44,15,236 which was shut as the funds allocated by the client for the same were exhausted

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