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2024 Supreme(Del) 419

JASMEET SINGH
Department of Land Resources – Appellant
Versus
Mukesh And Associates – Respondent


Advocates appeared:
Mr. Rajesh Gogna, CGSC with Ms. Jayashree, Advocate, for the Petitioner.
Mr. Ritin Rai, Senior Advocate with Mr. S Santanam, Mr. Darsh Bansal, Mr. Kartik Malhotra and Ms. Abhilasha Shrawat, Advocates, for the Respondent.

JUDGMENT

Jasmeet Singh, J. (Oral) - This is a petition filed under Section 34 of the Arbitration and Conciliation Act, 1996 (hereinafter "the Act") seeking to set aside the arbitral award dated 10.01.2020 as amended on 13.02.2020 passed by the learned Sole Arbitrator in ARB.P. 174/2018.

2. It is stated by Mr. Gogna, learned CGSC for the petitioner, that the award is liable to be set aside on the grounds stated under Section 34(2)(a)(ii) and (iv) of the Act, as well as Section 34(2)(b)(ii) of the Act.

3. He states that the award suffers from both factual and legal errors.

4. As regards factual errors, he submits that the contract entered into between the parties was void ab initio and hence, has no legal validity as the respondent got the same in a contrived manner and did not comply with the legal and statutory requirements.

5. He submits that the respondent never submitted Expression of Interest (hereinafter "EoI") within the prescribed date.

6. It is stated that on 11.01.2014, the petitioner, i.e. Department of Land Resources under the Ministry of Rural Development, Government of India issued advertisement for Expression of Interest (hereinafter "EoI") from interested/eligible consulta

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