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2023 Supreme(Del) 3844

MANOJ KUMAR OHRI
Government of NCT of Delhi – Appellant
Versus
R. S. Sharma Contractors Pvt. Ltd. – Respondent


Advocates appeared:
Mr. Anupam Srivastava, ASC, GNCTD with Mr. Dhairya Gupta and Mr. Vasuh Misra, Advocates, for the Petitioner.
Mr. M.K. Ghosh, Advocate with Mr. H.S. Sharma, AR, for the Respondent.

JUDGMENT

Manoj Kumar Ohri, J. The present petition under section 34 of the A&C Act [Arbitration and Conciliation Act, 1996] has been preferred by the petitioner, Govt. of NCT of Delhi, assailing the Arbitral Award dated 16.11.2022 rendered by the AT [Arbitral Tribunal] comprising of a Sole Arbitrator.

2. The impugned Award was rendered in the context of disputes arising w.r.t. Agreement No. EE/CD-III/ACS/Agmnt/10/14-15 ("the Contract") dated 13.09.2014, executed in favour of the Respondent/Contractor [R.S. Sharma Contractors Pvt. Ltd.] for widening of bridge at RD-900m of Shahdara out fall drain near Kalindi Kunj, Noida ("the Project").

3. The stipulated dates for commencement and completion of the Project were 13.09.2014 and 12.03.2016 respectively. Indisputably, the Project could not be completed within the stipulated period, resulting in a request for extension of time by the Contractor. The extension was granted, and the Project was finally completed on 17.01.2019. Disputes having arisen w.r.t. payment of final bills and attributability of delays, arbitration was invoked. In its statement of claim, the Contractor raised claims for a total of Rs.5,44,24,036/-, inter alia, alleg

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