UNION OF INDIA Vs. JASBIR SINGH

JUDGEMENT

(1.) By way of this petition under Sec. 34 of the Arbitration and Conciliation Act, 1996 [hereinafter, 'Act'], the petitioner- Union of India [hereinafter, 'UoI'] seeks to assail an arbitral award dtd. 1/10/2014, by which a learned sole arbitrator has adjudicated disputes between the parties under an agreement dtd. 2/9/2005, bearing No. 24/ee(E)/FCED/2005-06. By way of the impugned award, a sum of Rs.23,09,504.00 has been awarded to the respondent- Jasbir Singh, sole proprietor of M/s Kalsi Engineers.

(2.) The petitioner invited tenders in the year 2005 for the execution of electrical work at the Regional Labour Institute at Sector- 47, Faridabad, Haryana. The tender was awarded to the respondent under a letter of award dtd. 18/8/2005. The contractual value of the work was Rs.24,91,256.00, and the period for completion of work was stipulated as nine months, calculated from the 22nd day after the award of the work, i.e., 10/9/2005 to 10/6/2006. UoI issued a letter of commencement to the respondent on 2/8/2005. The time for completion of the work was extended on 9/6/2006 until 10/8/2006, and again on 7/8/2006 until 9/10/2006. The work was ultimately completed on 30/5/2008, and a completion certificate was issued on 8/12/2008.

(3.) The respondent raised demands for additional amounts, predicated upon loss suffered due to non-availability of work front, delays in approvals, payments, etc. After certain correspondence between the parties, the respondent invoked arbitration by a communication dtd. 18/5/2009, addressed to the Chief Engineer.