D. KRISHNAKUMAR, P. DHANABAL
Indira Gandhi Center for Atomic Research, Rep. by its Director, Engineering Service Group – Appellant
Versus
B. E. Billimoria & Co. Ltd. – Respondent
JUDGMENT :
D. Krishnakumar, J.
(Prayer: Appeal filed under Sec.13(1) of The Commercial Courts Act, 2015 against the judgment, dated 3.8.2021 made in O.P.No.227 of 2019.)
1. The challenge in the instant intra Court appeal is against the order passed by the learned Single Judge dismissing the O.P.No.227 of 2019 by holding that the award passed by the Arbitrator cannot be stated as violative of the provision of law and public policy of India and confirmed the award passed by the Arbitrator.
2. Facts in Brief:
The respondent was the successful bidder in the tender invited by the appellant for construction of Head End Cells (Balance works) for DFRP at IGCAR, Kalpakkam and allied works. The appellant issued a letter of intent on 02.11.2010 and the contract was signed on 03.3.2011 for a contract price of Rs.17,00,13,250/-. The contract is valid for 16 months. As per the contract, the project was to commence on 01.12.2010. The time frame fixed by the appellant to complete and hand over the said project was on or before 31.3.2012. The dispute arose between the parties is that inordinate dela
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