LAWS(DLH)-2022-2-269

UNION OF INDIA Vs. CHENAB CONSTRUCTION JOINT VENTURE

Decided On February 09, 2022
UNION OF INDIA Appellant
V/S
Chenab Construction Joint Venture Respondents

JUDGEMENT

(1.) The present petition filed by Union of India [hereinafter, "UoI"] under Sec. 34 of the Arbitration and Conciliation Act, 1996 [hereinafter, "the Act"] impugns the Award dtd. 11/10/2019 passed by the Arbitral Tribunal adjudicating disputes arising out of work awarded on 7/2/2016 to the Respondent - Chenab Construction Joint Venture [ hereinafter, "CHENAB"] for 'Design and construction of viaduct for single line B.G Railway Track between KM 32.690 and 33.853 in the Zone No. E-18 in Jammu-Udhampur Rail Link Project, including - soil investigation, detailed designs and construction of foundation, pier and abutments and super structure' [hereinafter, the "Project"].

(2.) The afore-noted work was initially allotted for a term of 24 months, however, due to various hinderances, nine separate extensions were granted to Chenab and the work finally stood complete on 31/7/2004 - after an additional period of 77 months.

(3.) After completion of the Project, Chenab (Claimant therein) invoked arbitration for the first time vide letter dtd. 15/5/2006 in respect of various disputes arising over non-payment of dues by UoI (Respondent therein), against work completed. UoI replied to the said letter on 10/11/2006, denying referral to arbitration. This was rebutted by CHENAB vide letter dtd. 7/4/2007, wherein referral to arbitration was sought[1].