MAHANAGAR TELEPHONE NIGAM LTD Vs. RALHAN CONSTRUCTION COMPANY

JUDGEMENT

(1.) By way of present appeal filed under Sec. 37(1)(b) of the Arbitration and Conciliation Act, 1996 (hereinafter, referred to as "the Arbitration Act"), the appellant has assailed order dtd. 16/4/2019 passed by the learned ADJ-07, South-East, Saket Courts, New Delhi in Arb. No. 212/2018, whereby its objections under Sec. 34 of the Arbitration Act to Award dtd. 9/5/2018 (and subsequent amendments thereto) were dismissed.

(2.) Though the present appeal was filed by the appellant seeking setting aside of the order dtd. 16/4/2019, the Award dtd. 9/5/2018, and the subsequent amendments thereto, learned counsel for the appellant, on instructions, restricted her challenge during the course of submissions only to respondent's claim Nos. 2 and 3, which were in relation to release of balance payment of security deposit lying with the Department, directed to be released to the respondent vide the Award.

(3.) Facts of the case, pithily put, are that the appellant had floated a tender dtd. 20/11/2007 for the civil and electrical portion of construction of Automobile Workshop-cum-Administrative building at Rohini, Sector-VI, Delhi. The said work was awarded to the respondent for a consideration amount of Rs.18,68,11,252.00. The time stipulated for completion of the work was 18 months from the date of issuance of letter of award. Purportedly, the civil component of the work was completed on 31/12/2011 and the electrical part was completed on 7/6/2013.