Hon'ble Smt. Justice Rajani Dubey

Hon’ble Shri Justice Radhakishan Agrawal, JJ

CAV Judgment

Per Rajani Dubey, J

Challenge in this appeal is to the legality and validity of the Arbitral Award dated 28.1.2020 passed by the learned Sole Arbitrator and order dated 22.3.2022 passed by the learned Commercial Court (District Level), Nava Raipur, in Case No. Arb.MJC 14 of 2020 under the provisions of Section 34 of the Arbitration and Conciliation Act, 1996.

02. The genesis of the present cause lies with the NIT No.299, dated 10.01.2007 whereby the work was awarded to the respondent herein for "Hiring of HEMM for OB removal at Kusmunda OCM of SECL Kusmunda Area" through work order No: SECL/CGM/KSM/SO(M)/01, dated 16.07.2007 for a sum of Rs. 50,17,19,700/- @ 65.51 Cu. Meter. The work included excavation including drilling in all kind of strata/overburden, loading into tippers, transportation, unloading the excavated material and slit, dumping, dozing, scrapping/removal of bands, preparation/maintenance of Haul Roads, water sprinkling, spreading of material at Kusmunda OCM. The total work period assigned for the completion of work under the contract was three years with the stipulation of quan