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2016 Supreme(Ker) 1353

K.SURENDRA MOHAN, MARY JOSEPH
Infopark (Kerala) – Appellant
Versus
Billmoria & Company Ltd. , Mumbai – Respondent


Advocates Appeared:
For the Appellant : Anil Thomas, K.V. Reshmi
For the Respondents: K.L. Varghese, Ranjith Varghese, Rahul Varghese, Santha Varghese

JUDGMENT :

K. Surendra Mohan, J.

1. This appeal is directed against an order dated 27/01/2011 in Arb. O.P. No. 1726 of 2009. The Original Petition was filed by the appellant herein under Section 34 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as 'the Act' for short) seeking to set aside an award passed by the Arbitrator on 25/08/2009. As per the order appealed against, the District Court has dismissed the Original Petition holding that there were no grounds to set aside the arbitral award. The aggrieved appellant is before us. The appellant is a fully owned Government Society. It has an Info Park at Kakkanad, Ernakulam District. The work of construction of an IT building, having an area of 2 lakhs sq. ft. and a service yard of 17600 sq.ft spread over ground plus nine floors was awarded to the respondent Contractor as per work order dated 25/08/2003, they being the lowest tenderer. Though the time limit for completion of the work was specified as nine months, the period was subsequently extended and the construction was finally completed only in October, 2005. After completion of the work, the respondent filed O.S. No. 729 of 2006 before the Sub Court, Ernaku




































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