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2023 Supreme(Del) 1730

CHANDRA DHARI SINGH
Satish Chand Rajesh Kumar Pvt. Ltd. – Appellant
Versus
New Delhi Municipal Council – Respondent


Advocates appeared:
Mr. Avinash K. Trivedi and Mr. Anurag Kaushik, Advocates, for the Appellant.
Mr. Jitendra Kumar Tripathi and Mr. Tushar Sannu, Advocates for NDMC along with Mr. Sanjay Verma, Asst. Engineer.

ORDER

Chandra Dhari Singh, J. (Oral)--The instant appeal under Section 37(2) of the Arbitration and Conciliation Act, 1996 (hereinafter "the Act, 1996") read with Section 151 of the Code of Civil Procedure, 1908 has been filed on behalf of the appellant seeking the following reliefs:

    "It is therefore most humbly and respectfully prayed that the Hon'ble Court may please admit the appeal and set aside the order dated 03.06.2022 and further hold that grant of provisional Extension of time, unilaterally to keep the contract alive that too reserving the right to recover compensation under clause 2 of an agreement is no Extension of time in the Eyes of Law.

    It is further prayed that the Hon'ble Court may please set aside the order dated 03.06.2022 and further allow the appellant to lift the balance material such as reinforcement after adjusting the balance secured advance, other material, such stores, bricks, tin sheets, angles and others as available at site in addition to the material allowed by ld. Arbitrator. Any other order or prayer which this Hon'ble Court may deems fit and proper in the facts and circumstances of the case."

FACTUAL MATRIX

2. The appellant is a company registered und

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