MCL KSIPL (JV) Vs. UNION OF INDIA

JUDGEMENT

(1.) Present petition has been preferred under Section 11(6) of the Arbitration and Conciliation Act, 1996 seeking appointment of an Arbitrator.

(2.) Petitioner claims to be carrying its business of construction works in India. According to petitioner, respondent invited item rate tenders for the work of 'Completion of balance works for construction of dwelling units including allied services for Officers JCOS/OR at Port Blair (Army)' and petitioner's bid was accepted vide its letter dated 28/10/2014 for an amount of Rs. 438,29,06,684/ and time for completion of work was stipulated as 28 months.

(3.) Petitioner claims that the site for work was handed over to it by the respondent on 22.12.2014 and therefore, the work was to be concluded by 21.04.2017. However, due to various hindrances on the part of respondent, like non-availability of site, decisions and other hindrances and beaches of contract, petitioner could complete the work on 15.05.2018. Further claimed that the final bill was required to be submitted within three months so, petitioner submitted the same on 14.08.2018 and respondent was under obligation to clear it within six months i.e. on or before 13.02.2019.