Saurav Das & Ors v. CIC
JUDGMENT
1. The present petition has been filed under Section 34 of the Arbitration & Conciliation Act, 1996 (hereafter, the „A&C Act‟) seeking setting aside of impugned award dated 31.03.2017 passed by the Arbitral Tribunal comprising of three Arbitrators (hereafter, „AT‟) with respect to rejection of Claim No.1 for idling of men, machinery and resources.
2. The impugned award came to be delivered in the context of contract dated 15.12.2011 which came to be executed for the work of “Construction of viaduct including related works for 5.400 km length excluding station areas from Ch. 20006.60 to Ch. 26394.60 between CBD -1 to Rabindra
Tirtha in New Garia Airport corridor of Kolkata Metro Railway Line Package- ANV-4” for Rs.199,10,44,060/-. The letter of acceptance was issued to the Petitioner on 21.10.2011. As per the terms of contract, the completion period for work was 30 months from the date of letter of acceptance. The stipulated date for start of work was 21.10.2011 and stipulated date of completion was 20.04.2014. The actual date of completion of work was 30.06.2018.
DISPUTES BEFORE THE ARBITRAL TRIBUNAL
3. The Petitioner approached AT and filed six claims. The AT after taking into
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