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VIBHU BAKHRU, AMIT MAHAJAN
Delhi State Industrial & Infrastructure – Appellant
Versus
Sukumar Chand Jain – Respondent
JUDGMENT
Vibhu Bakhru, J. Delhi State Industrial & Infrastructure Development Corporation Ltd. (hereafter `DSIIDC') has filed the present appeal under Section 37(1)(c) of the Arbitration and Conciliation Act, 1996 (hereafter `the A&C Act') impugning an order dated 03.05.2019 (hereafter `the impugned order') passed by the learned Commercial Court, whereby DSIIDC's application under Section 34 of the A&C Act, seeking to set aside an arbitral award dated 13.11.2014 (hereafter `the impugned award'), was rejected.
Factual Context
2. By a work order dated 18.07.2003 (hereafter `the agreement'), DSIIDC awarded the work of "Construction of Pucca School Bldg..at Dwarka, Sector-22, Delhi (Composite Work)" (hereafter `the Dwarka Project') to the respondent. The stipulated date of commencement of the Dwarka Project was on 27.03.2003. The Dwarka Project was to be completed within a period of eighteen months, that is, by 26.01.2005.
3. Thereafter, by a memo dated 02.09.2004, the Directorate (Works) Central Public Work Department (CPWD) added Clause 10CA to the agreement. The relevant extract of Clause 10CA reads as under:
"If after submission of the tender, the price of cement and/or steel reinfo
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Failure to raise claims for escalation in a timely manner and acceptance of payments in full and final settlement preclude further claims.
The Arbitral Tribunal's jurisdiction to consider claim amounts and reject specific claims under the Arbitration and Conciliation Act, 1996.
Execution of the works was delayed and the respondent sought Extension of Time for completion of the works on successive occasions, which were approved by NHAI.
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