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2019 Supreme(Gau) 856

MIR ALFAZ ALI
Shivalaya - KCC (JV) – Appellant
Versus
State of Assam – Respondent


Advocates:
Advocate Appeared:
G.N. Sahewalla, Adv.

JUDGMENT :

Mir Alfaz Ali, J.

Challenge in this revision petition is to the order dated 13-02-2019 passed by learned District Judge, Kamrup in Misc. (Arb.) Case No. 21/2018, whereby the learned District Judge rejected the application filed by the petitioner under Section 29-A of the Arbitration and Conciliation Act, 1996 (in short the Arbitration Act) seeking extension of time for passing the award by the Arbitral Tribunal.

2. The facts, which may be relevant for disposal of this revision petition are as follows : Pursuant to a notice inviting tender (NIT) floated by the respondent, the petitioner was awarded with a contract for the work of "improvement and up-gradation of SH-3 (Morigaon to Nagaon)". Dispute having arisen between the parties with regard to the aforementioned contract, the matter was referred to arbitral tribunal. During continuation of the said arbitral proceeding, the petitioner raised another set of dispute pertaining to the same contract and referred its claim to the adjudicator under the clause 24.1 of the agreement, which was dismissed by the adjudicator. Thereafter, the petitioner by invoking the clause 25.3 of the agreement, referred the claim for adjudication b

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