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2021 Supreme(Raj) 1702

VINIT KUMAR MATHUR
State of Rajasthan – Appellant
Versus
A. Muthuswamy – Respondent


Advocates appeared:
Ms Abhilasha Kumbhat, for the Appellant; Mr. Rajesh Joshi, Sr. Advocate, Mr. Dinesh A. Purohit, for the Respondent.

JUDGMENT

1. With the consent of counsel for the parties, the present appeal is being heard and decided finally.

2. The instant appeal has been preferred under section 37 of the Arbitration and Conciliation Act, 1996 against the order dated 03.01.2019 passed by learned Additional District Judge No.4, Udaipur in Civil Original Case No.3/2015 (CIS No.2354/2015). Vide judgment dated 03.01.2019, the application preferred by the appellants under section 34 of the Arbitration and Conciliation Act, 1996 (hereinafter shall be referred to as 'Act of 1996') has been rejected while affirming the findings recorded by the Arbitrator vide award dated 21.05.2015.Learned counsel for the appellants has vehemently argued that the learned court below has not properly appreciated the facts in the light of section 34 of the Act of 1996 as also the arguments raised therein. She submits that for a considerable period of time the contractor did not complete the work despite being given proper opportunity or extension to complete the work on the site. She fairly submits that on certain occasions, the work

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