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2021 Supreme(MP) 482

PRAKASH SHRIVASTAVA, VIRENDER SINGH
Cobra-CIPL JV – Appellant
Versus
Chief Project Manager – Respondent


Advocates Appeared:
For the Appellant :Kishore Shrivastava, Senior Advocate, Shashank Verma and Atul Choudhary, Advocates

ORDER :

Prakash Shrivastava, J.

1. By this miscellaneous petition under Article 227 of the Constitution, the petitioner has challenged the order dated 29.02.2020 whereby the appeal preferred by the petitioner under Section 37(2) of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as 'the Act') has been dismissed by the Commercial Judge, Jabalpur.

2. The case of the petitioner is that the petitioner was awarded the contract for the composite electrical work for design, supply, erection, testing and commissioning of single phase overhead equipment including THS and SPADA works in Manikpur (Excl)-Satna (Incl) and Satna to Rewa station of Jabalpur Division of West Central Railway. The total contract value was Rs. 60,42,06,825.25 and the work was to be completed within a period of 30 months from the date of issuance of Letter of Acceptance. The Letter of Acceptance was issued on 14.07.2016. The petitioner had executed as many as nine performance guarantee. According to the petitioner, the progress of the work at the site had suffered on account of the surprise check done by the CBI alongwith the Vigilance Officers of the Railway. The case of the petitioner is that the pe

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