OM PRAKASH KASAT Vs. DELHI DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) A commercial arbitration petition under Sec. 9 of the Arbitration and Conciliation Act, 1996 read with sec. 2(1) (C) of the Commercial Courts, Commercial Division and Commercial Appellate Division of the High Courts Act, 2015 has been filed on behalf of the petitioner.

(2.) It is stated that the petitioner is an "A" Class Government contractor and was granted tender for construction of Community Hall HAF Pocket, Phase-2, Sector-13 Dwarka. The estimated cost of the project was Rs.6,51,10,646.00 and earnest money of Rs.13,02,213.00 was part of the contract. The period of completion was twelve months. The Tender was accepted by the petitioner with modified letter for a sum of Rs.4,64,01,993.00 and the Agreement was duly executed. Pursuant thereto FDR for Rs.23,201,00.00 till the validity period of one year three months drawn on Allahabad Bank, was furnished.

(3.) The petitioner vide letter dtd. 12/6/2018 informed the respondents about the completion of the entire work on 24/4/2018 and made a request for release of Performance Guarantee deposited at the time of award of Tender and also to issue extension of time proforma. The petitioner re-submitted his claims in regard to the payment of GST on the contract amount as awarded before 1/7/2017 but executed after 1/7/2017 in accordance with the Circular issued by CPWD. The original books and measurement books, cement register and other hindrance register are all in the custody of the respondent.