DELHI HIGH COURT
VIBHU BAKHRU
Satya Parkash & Brothers Pvt. Ltd. – Appellant
Versus
North Delhi Municipal Corporation – Respondent
ORDER
Vibhu Bakhru, J. The petitioner has filed the present petition under Section 34 of the Arbitration and Conciliation Act, 1996 (hereafter 'the Act') impugning an award dated 05.01.2016 (hereafter 'the impugned award') made by the sole arbitrator.
2. The petitioner was awarded the work of "Improvement of storm water drainage in Model Town, Wazirpur Industrial Area, Marsy Land Dhirpur (Dhakka) in Civil Line Zone. Sub Head: Construction of RCC Box precast segment drain along G.T.K. Road" by the work order dated 22.02.2007 issued by the respondent (hereafter 'NDMC').
3. The contractual value of the works was Rs.15,09,13,743/-. The works were to commence on 16.07.2007 and were to be completed within a period of eight months, that is, on or before 15.03.2008. The works were delayed and it is the petitioner's case that the delays were all attributable to NDMC's failure to perform the terms of the agreement.
4. In view of the disputes between the parties, the petitioner invoked the arbitration clause by a letter dated 13.02.2008. The petitioner also filed a suit [CS(OS) 507/2008] before this court in respect of the penalty imposed under clause 2 of the agreement in question. The
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