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2022 Supreme(Jhk) 990

RAVI RANJAN, SUJIT NARAYAN PRASAD
Senbo Engineering Limited – Appellant
Versus
East Central Railway, Hajipur – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Nand Kishore Singh.
For the Respondent: Pratyush Kumar.

JUDGMENT :

RAVI RANJAN, J.

1. The instant appeal has been preferred under Section 13 of the Commercial Courts Act, 2015 assailing the order/judgment dated 06.01.2021 passed in Commercial Revocation Case No. 07 of 2019, by which, an arbitral award dated 23.02.2019 passed by the sole Arbitrator, has been set aside in entirety.

2. The brief facts of the case, required to be considered in this appeal, stand enumerated as under:

    A notice inviting tender was issued by the East Central Railway through its General Manager for construction of seven bridges between Tori to Shivpuri (Km 23.00 to Km 44.00) in connection with construction of Tori Shivpur new BG Rail line project in Latehar district of Jharkhand State and the work was awarded to the respondent vide LOA No. ECR/CAO/Con/WT/S/165/13616 dated 03.06.2014. The value of the work was estimated to the tune of Rs. 82,80,54,283.78 and the work was to be completed within 24 months from the date of issuance of acceptance letter i.e. till 02.06.2016. A formal contract/agreement was entered into in between the parties on 31.10.2014. However, t

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