OIL AND NATURAL GAS CORPORATION LTD Vs. JOINT VENTURE OF M/S SAI RAMA ENGINEERING ENTERPRISES (SREE) & M/S MEGHA ENGINEERING & INFRASTRUCTURE LIMITED (MEIL)

JUDGEMENT

(1.) Oil and Natural Gas Corporation Ltd. (hereafter'ONGC') has filed the present appeal under Sec. 37(1)(c) of the Arbitration and Conciliation Act, 1996 (hereafter'the A&C Act') impugning a judgement dtd. 1/10/2019 (hereafter'the impugned judgment') passed by the learned Single Judge. By the impugned judgement, the learned Single Judge dismissed the appellant's application [being IA No. 4451/2019 in O.M.P. (COMM) 97/2019] seeking a condonation of delay for 27 days in filing the application under Sec. 34 of the A&C Act to set aside an arbitral award dtd. 23/10/2018 (hereafter'the impugned award'). Consequently, the appellant's petition under Sec. 34 of the A&C Act has also been dismissed as barred by limitation. Factual Context

(2.) On 13/6/2014, ONGC invited tenders for the works of'6 Pipeline Replacement Project (Assam Asset) on lumpsum turnkey basis' (hereafter'the Project'). Thereafter, by a Notification of Award (NoA) dtd. 10/4/2015, the contract was awarded to the respondent. Subsequently, on 28/9/2015, the parties entered into a contract (hereafter'the Contract').

(3.) In terms of clause 2.2.1 of the General Conditions of Contact (GCC), the Project was to be completed within a period of twenty-one months from the date of the NoA, that is, by 9/1/2017. In terms of clause 6.3.1.1 of the GCC, the stipulated date of mechanical completion of the Project was to be achieved within twenty months from the date of the NoA, that is, by 9/12/2016. However, there were delays in execution of the Project.