DHARAMVIR AND COMPANY Vs. DELHI DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) The appellant has filed the present appeal under Sec. 37(1)(c) of the Arbitration and Conciliation Act, 1996 (hereafter the A&C Act) impugning an order dtd. 21/3/2023 (hereafter the impugned order) passed by the learned Commercial Court in OMP(COMM) No.13/2020 captioned M/s Dharamvir and Company v. Delhi Development Authority and Anr.

(2.) The appellant had filed the said petition under Sec. 34 of the A&C Act impugning an arbitral award dtd. 15/6/2020 (hereafter the impugned award).

(3.) The impugned award was rendered in context of the disputes that had arisen between the parties in connection with a contract between the appellant and the respondent, Delhi Development Authority (hereafter DDA), for repair of quarters in Pocket-A-5, Paschim Vihar (hereafter Works). The DDA had invited bids for execution of the Works. The admitted cost for completing the Works was Rs.27,65,097.00. The appellant submitted its tender offering to execute the Works for a sum of Rs.42,65,793.00. The parties thereafter negotiated the contract price at Rs.40,57,083.00. The appellant's tender for negotiated amount was accepted on 15/12/2012. The execution of the Works was to commence on 25/12/2012 and was required to be completed within a period of six months, that is, on or before 25/6/2013.