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JYOTI SINGH
Union of India – Appellant
Versus
Roshan Real Estate Pvt. Ltd. – Respondent
JUDGMENT
Jyoti Singh, J. (Oral)
I.A. 12397/2023 (exemption)
1. Allowed, subject to all just exceptions.
2. Application stands disposed of.
O.M.P. (COMM) 233/2023 & I.A. 12398/2023 (delay in filing)
3. Present petition has been filed by the Petitioner under Section 34 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the `Act') seeking setting aside of the impugned arbitral award dated 30.01.2023 passed by the learned sole Arbitrator with respect to Claim Nos. 1, Part K (EI 3/7) and 5 and the interest awarded.
4. Factual matrix to the extent relevant is that Petitioner issued an open tender for work at Dr. B.R. Ambedkar National Memorial Complex at 26, Alipur Road, Delhi for Civil Work, Internal and external electrical work, firefighting, D.G. Sets and Lifts, etc. The estimated cost of the work was a sum of Rs.40,27,46,531/-. On 29.03.2016, Respondent submitted its Expression of Interest, with a financial bid of Rs.41,08,01,462/-.
5. Tender was awarded to the Respondent on 07.04.2016 and an agreement was executed between the parties, with 22.04.2016 being the date of commencement of construction work and 21.07.2017 being the stipulated date of completion. E
The court emphasized the absolute nature of the time limit prescribed under Section 34(3) of the Arbitration and Conciliation Act, 1996, highlighting the legislative intent to minimize the supervisor....
The main legal point established in the judgment is the significance of adhering to the prescribed limitation period under the Arbitration Act and the requirement for parties to exercise their rights....
The judgment establishes the strict interpretation and application of the limitation period under Section 34(3) of the Arbitration Act, emphasizing the requirement for sufficient cause and the mandat....
Point of Law : Arbitration and Conciliation - Arbitral Award - Challenged - Section 34 provides that recourse to a court against an arbitral award may be made only by an application for setting aside....
Adherence to time limits stipulated under the Arbitration Act and the requirement of due diligence in seeking condonation of delay.
The Court emphasized the importance of due diligence and dispatch in exercising the right to challenge an Arbitral Award within the prescribed time, as per the provisions of the Arbitration Act.
The scope of interference in an arbitral award under Section 34 of the Arbitration and Conciliation Act, 1996 is limited and narrow. The Courts shall not sit in an appeal while adjudicating a challen....
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