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2023 Supreme(Del) 2910

CHANDRA DHARI SINGH
Dy. Ce/c/jalandhar City – Appellant
Versus
Spacechem Enterprises Through Proprietor – Respondent


Advocates appeared:
Mr.Avnish Singh, SCGC with Mr.Aditya Vikram Dembla, Advocate, for the Petitioner.
Mr.Gaurav Puri, Mr.Sarthak Gupta and Ms. Yashika Verma, Advocates, for the Respondent.

ORDER

Chandra Dhari Singh, J. (Oral)

I.A. No. 2843/2023 (condonation of delay)

1. The present application has been filed by the petitioner seeking condonation of delay of 137 days in filing of the petition bearing No. OMP (COMM) 459/2019 under Section 34 of the Arbitration and Conciliation Act, 1996 (hereinafter "the Act") by way of which, the petitioner has sought the indulgence of this Court in setting aside the impugned Award dated 31st March 2019 and the addendum Award dated 13th May 2019.

2. The respondent's bid to the tender dated 27th October 2015 was accepted by the petitioner on 5th January 2016 and consequently, the petitioner awarded the contract to the respondent for construction of additional road over bridge opposite steel girder and structure near Existing Bhandari Bridge, ROB No.156-A at KM 510/33-34 on Jalandhar-Amritsar Section.

3. It was stipulated in the awarded contract that the allotted work has to be completed by 4th July 2016. However, near to the stipulated time of completion, disputes arose between the parties due to reasons pertaining to various claims, raw materials and delay in the project work. The respondent therefore, invoked the Arbitral Clause vid

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