JUDGMENT :

(Ritu Bahri, CJ.) :

There is a delay of 31 days in preferring the present Appeal. For the reasons stated in the application seeking condonation of delay, the delay of 31 days in preferring the present Appeal is condoned. Delay Condonation Application (IA/01/2024) stands allowed.

2. The State has come up in appeal, under Section 37 of the Arbitration and Conciliation Act, 1996 against the judgment and order dated 06.09.2023 passed by the Court of learned Additional District Judge, Commercial Court, Dehradun in Arbitration Case No. 136/2016, “UJVN Ltd.V. M/s Hydel Construction Pvt. Ltd. & Anr.”

3. An agreement dated 30.03.1981 was executed between the State of Uttar Pradesh and respondent no. 1 – M/s Hydel Construction Private Ltd. for construction of Head Race Tunnel from Dhanargad Intermediate Adit (From 4.5 Kms. to 12.0 Kms.) of Maneri Bhali Hydroelectric Project Stage-II in District Uttarkashi.

4. The State Government, later on, had stopped the work, after creation of the State of Uttarakhand. For again starting the work, a supplementary agreement was executed between the State of Uttarakhand and respondent no. 1 on 03.07.2022. This work was completed in the year 2