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2023 Supreme(Del) 2754

NAVIN CHAWLA
Ahluwalia Contract (india) Ltd. – Appellant
Versus
Union of India – Respondent


Advocates appeared:
Mr. S.K. Maniktala, Mr. Jatin Kumar, Mr. Udit Maniktala, Mr.Mohit Sharma & Mr.Kritik, Advocates, for the Petitioner.
Ms.Pratima N. Lakra, CGSC with Mr.Apoorv Sharma, Advocate, for UOI along with Mr.B.K. Singh, SE, (In-Charge) AIIMS, Patna, Mr.Rakesh Roshan, Project Consultant AIIMS, Patna and Mr.Sunny Priyadarshi, Law Officer AIIMS, Patna, for the Respondent.

JUDGMENT

Navin Chawla, J. (Oral)

1. The learned counsel for the respondent submits that the respondent has filed its written submission. The same are not on record, but the learned counsel has been heard on merit.

2. This petition has been filed under Section 34 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the 'Act') seeking setting aside of the Arbitral Award dated 20.11.2015 passed by the learned Sole Arbitrator to the limited extent that it rejects claim nos.3, 4, 5, 7, 12, 14 and 17 raised by the petitioner.

3. Before considering the submissions made by the learned counsels for the parties, a few dates in relation to the Contract may be relevant to be noted:

(a) The petitioner was awarded the Contract for Package-III Electrical Services at AIIMS, Patna by the respondent on 29.08.2011;

(b) The work was to be completed within a period of 16 months commencing from 19.08.2011, therefore, the date of completion was 18.12.2012;

(c) The scope of work under the Contract comprised of Supply, Installation, Testing and Commissioning (in short, the 'SITC') of electrical equipments within a period of 16 months and, thereafter, comprehensive Operations and Mainten

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