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2023 Supreme(Del) 1059

CHANDRA DHARI SINGH
Ircon International Limited – Appellant
Versus
Union of India Railway Coach Factor – Respondent


Advocates appeared:
Ms. Kanicka Miittal, Advocate, for the Petitioner.
Mr. Rajan Sabharwal, Mr. Raghav Sabharwal and Mr. Hitesh Mehta, Advocates, for the Respondent.

JUDGMENT

Chandra Dhari Singh, J.

1. By way of filing the instant petition, under Section 39 (2) of the Arbitration and Conciliation Act, 1996 (hereinafter "Arbitration Act"), the following reliefs have been sought on behalf of the petitioner:

    "A) Pass an Order directing the Arbitral Tribunal to deliver and publish the Award in the arbitration matter of "IRCON International Limited Vs. Rail Coach Factory (RCF), Kapurthala" in respect of the disputes arising out of the Contract of Agreement no. RCF/Expansion Proj./556 dated 12.12.2006;

    B) Pass any further order/s as deemed fit and proper in the facts and circumstances of the case."

FACTUAL MATRIX

2. The following course of events have led to the filing of the instant petition on behalf of the petitioner:

a. The petitioner and the respondent came together by signing and executing an Agreement on 12th December 2006 for 'Enhancement of Coach Production Capacity to 1400 coaches at Rail Coach Factory, Kapurthala' at an anticipated cost of Rs. 50,11,34,000/-. The Agreement was made subject to the terms and conditions of the General Conditions of Contract, 1999 (hereinafter "GCC").

b. According to the Contract, the date of completion was stipul

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