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2024 Supreme(Raj) 221

REKHA BORANA
Tata Projects Ltd – Appellant
Versus
Central Public Works Department, (CPWD) Through Executive Engineer, Rajasthan – Respondent


Advocates Appeared:
For the Petitioner: Mr. Yuvraj Singh Mertiya for Mr. Muktesh Maheshwari.
For the Respondent: Mr. Vivek Shrimali.

ORDER :

1. The present application under Section 11(6) of the Arbitration and Concilliation Act 1996, (hereinafter referred to as the ‘Act of 1996’) has been preferred for appointment of an independent and impartial arbitrator.

2. The facts of the case are that an agreement was entered into between the parties for the work of “Execution of construction of various buildings for permanent campus IIT Jodhpur (Phase-2) at Karwar, NH-65, Jodhpur, Rajasthan”. In terms of the agreement, the work was to be completed within a period of 21 months from the date of the integrity agreement and for the purpose, Letter of Acceptance dated 29.09.2017 was issued by the respondent department. However, the work in question could not be completed within the time stipulated i.e. by 12.07.2019, hence, the application for extension of time was preferred by the applicant company and the time was hence extended up to 31.07.2021. Ultimately, the work was completed and the completion certificate dated 27.08.2021 was issued by the respondent department.

3. As per the applicant firm, the reasons for the delay caused in completion of the work were not attributable to it and hence it was entitled for the compensati

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