R. S. KHANNA AND SONS Vs. RITES LTD.

JUDGEMENT

(1.) By way of the present petitions filed under Sec. 11 of the Arbitration and Conciliation Act, 1996 (hereinafter, referred to as the A&C Act'), the petitioner seeks appointment of Arbitral Tribunal comprising of a Sole Arbitrator to adjudicate the disputes between the parties.

(2.) The petition has been filed against Respondent No.1/ RITES Ltd. and Respondent No.2/Ramjas College, an educational institute affiliated with the University of Delhi. The petitioner stated that Respondent No.1 having been hired by Respondent No.2 invited to tender for construction work of renovation and upgradation of the Auditorium in the campus of Respondent No.2, at University Enclave, Delhi. The petitioner was declared as successful bidder and pursuant thereto entered into a contract with Respondent No.1 on 29/4/2016 through Agreement No. RITES/CP/TC/Ramjas/Auditorium/2015 for a contract value of Rs.2,46,34,549.41. The LOA was issued on 29/12/2015 with the stipulated start on 14/1/2016 and completion by 8/9/2016. However, the work was actually completed on 19/4/2018.

(3.) It has been stated that the work was delayed on account of various reasons such as not providing hindrance free site, nonsupply drawing and specifications etc. However, the work was completed to the satisfaction of the Respondent and provisional completion certificate was handed over on 19/4/2018 and final completion certificate was issued on 27/8/2018 with a delay of3 months.