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2023 Supreme(Mad) 7

SENTHILKUMAR RAMAMOORTHY
Union of India – Appellant
Versus
Mohata Construction Company – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr.R.Sankaranarayanan, Assisted by M/s.K.S.Jeyaganeshan
For the Respondent: M/s.S.Rajeni Ramadass, C.P.Senthil Sujatha

ORDER :

PRAYER: Petition filed under Section 34(2) of the Arbitration and Conciliation Act, 1996, to set aside the Final Award dated 31.08.2017 passed by the Sole Arbitrator in arbitral proceedings in and arising out of Contract Agreement No.CECZ/CHE/MH/10 of 2008-2009: PROVISION OF CADETS ACCN FOR 175 CADETS AT OTA CHENNAI awarding a total sum of Rs.75,91,806/- (Rupees seventy five lakhs ninety one thousand eight hundred and six only) with interest awarded to this respondent and for costs of the present petition.

The petitioner/employer awarded a contract for the construction of quarters for cadets at Chennai to the respondent/contractor. For ease of reference, the petitioner is referred to as the employer and the respondent as the contractor throughout this order. The total value of the contract was Rs.11,03,48,460.47. Work was to be executed in two phases: Phase-I to be completed by 30.09.2009 and Phase-II by 30.06.2010. In course of execution of Phase-I work, extensions of time were requested for and granted. By communication dated 22.05.2010, extension up to 05.03.2010 was granted by the employer under condition 11 (A)(vii) of IAFW-2249, General Conditions of Contract (the GCC).

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