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PARTHIVJYOTI SAIKIA
UNION OF INDIA – Appellant
Versus
RAITANI ENGINEERING WORKS PVT. LTD. – Respondent
JUDGMENT :
PARTHIVJYOTI SAIKIA, J.
1. Heard Mr. S. Chakraborty, learned counsel representing the appellant as well as Mr. R. Hussain, learned counsel appearing for the respondent.
2. This is an appeal under Section 37 of the Arbitration and Conciliation Act, 1996 against the judgment dated 02.01.2019 passed by the learned District Judge, Kamrup (Metro) in Misc. (Arb.) Case No. 27/2013.
3. The respondent was given a contract to build a bridge in the Lumding-Silchar Gauge Conversion Project. The total value of the contract was Rs.17,48,23,500/-. The date of completion of the project was 06.12.2007.
4. The respondent claimed that it submitted the bridge drawing on 09.08.2007 for approval. On that day, the drawing of the box girder was also submitted. The respondent claimed that due to law and order situation in the period 2006 to 2008 in the N.C. Hills area, the entire construction works were affected. During that period, government failed to restore law and order and to stop militant activities. It was further claimed that one of its employees was hit by a stray bullet while he was travelling with railway officials and other personnel of another company. The employees of the respondent co
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