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IN THE HIGH COURT OF JUDICATURE AT MADRAS
N.ANAND VENKATESH, J
NJR Constructions Pvt. Ltd. – Appellant
Versus
Union of India – Respondent
| Table of Content |
|---|
| 1. arbitration dispute background and claims. (Para 3 , 4) |
| 2. assessment of claims and interests. (Para 5 , 9 , 27) |
| 3. responsibility for contract delays. (Para 8 , 10 , 11) |
| 4. prevention principle in construction contracts. (Para 14 , 19 , 20) |
| 5. final decision on arbitration award. (Para 32) |
ORDER
This is a petition filed by the petitioner under Section 34 of the Arbitration and Conciliation Act, 1996 (for brevity, the Act) against the award dated 30.9.2021 passed by the sole Arbitrator.
2. Heard both.
3. The case of the petitioner is as follows :
(i) The petitioner participated in the tender called for by the respondent for construction of an administrative building including development works, etc., for constructing a compound wall and for various other works at Composite Regional Centre/National Institute for Mentally Handicapped at Venkatachalam (M), Nellore District, Andhra Pradesh. The work was awarded in favour of the petitioner through letter dated 24.11.2016. The agreement was entered into between the parties and the agreement stipulated that the work must be completed by 24.11.2017. However, the actual date of completion of work was only on 11.2.2019.
(ii) Later
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