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2010 Supreme(P&H) 3310

RAKESH KUMAR JAIN
Cimmco Birla Limited – Appellant
Versus
State Of Haryana – Respondent


Judgment

Rakesh Kumar Jain, J.

1. The contractor, having been unsuccessful in its objection petition filed under Section 34 of the Arbitration and Conciliation Act, 1996 [for short "the Act"] against the ex-parte artibral award dated 28.04.2006, has come up in appeal before this Court under Section 37 of the Act to challenge the order dated 08.12.2008 passed by the learned Additional District Judge, Jind.

2. The factual matrix involved in this case is being noticed in brief. The appellant (contractor) entered into an agreement with the Engineer-in-Chief, Haryana, PWD (B&R) Branch, Chandigarh on 09.02.2000 for the work of periodic maintenance of SH-14 Jind-Mundhal-Bhiwani road vide Contract No.HHUP/M-6 for a sum of Rs.89,800,289/- to be granted by the World Bank and was to.be executed within 12 months with effect from 24.02.2000. Due to some change in the specifications, the amount of contract price was enhanced to Rs.9,92,93,336/- vide letter dated 05.09.2000 and time limit was also extended from 23.02.2001 to 23.04.2001. On account of some dispute between the parties, the appellant terminated the contract vide its letter dated 12.12.2000. It was replied by the respondents vide Memo































































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