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2023 Supreme(Jhk) 1208

SHREE CHANDRASHEKHAR, RATNAKER BHENGRA
Union of India represented through the General Manager, South Eastern Railways - Kolkata – Appellant
Versus
Anup – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. Anil Kumar, Addl. SGI, Mr. Pratyush Kumar, CGC
For the Respondent:Mr. Shresth Gautam, Advocate, Mr. Tejo Mistri, Advocate, Mr. Rajarshi Singh, Advocate, Miss Aulia Begum, Advocate

JUDGMENT :

Shree Chandrashekhar, J.

Union of India represented through its General Manager of the South Eastern Railway has challenged the judgment dated 24th March 2021 passed in Arbitration No. 14 of 2019 by which its challenge to the Award dated 07th June 2019 was rejected.

2. On 19th September 2011 the South Eastern Railway invited bids for Foot Overbridge at Tata Nagar Station and strengthening of the existing redundant old ROB including construction of PF Ramp and other allied works for conversion of ROB into 2nd FOB at Tata Nagar Station, and M/s Anup & Company (hereinafter referred to as claimant) was awarded the subject-works through Letter of Acceptance dated 14th September 2011. The total value of the aforesaid subject-works was Rs. 1,65,35,610/- and the period of completion of the subject-works was to end on 13th May 2012. According to the appellant, the work progress was not as per the time schedule and the claimant was granted extension of time for 5 months starting from 29th April 2013 till 30th September 2013 without penalty and, in relation thereto, a supplementary agreement was executed on 20th May 2013. Still, there was no substantial progress in work and a 7-day

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