AMAR CONSTRUCTIONS Vs. CENTRAL PUBLIC WORKS DEPARTMENT

JUDGEMENT

(1.) THIS is a petition under Section 11 (6) of the Arbitration and conciliation Act, 1996 read with Clause (ii) of the Scheme for Appointment of Arbitrators, notified vide No. 16/rules dated 02. 02. 1996.

(2.) THE petitioner's case is as follows.

(3.) THE petitioner is a partnership firm duly registered under the Indian partnership Act, 1932. By agreement No. 48/ee/dad/2001-02 vide its letter dated 21. 12. 2001, the petitioner was awarded the work of construction of arc Directorate Complex at Palam, New Delhi (SH: Construction of Living accommodation for Junior Officers) by the Delhi Aviation Division, CPWD, r. K. Puram, New Delhi. The time for completion as stipulated in the agreement was 10 months. Owing to various reasons attributable to the respondent, the works awarded to the petitioner could not be completed within the stipulated period of 10 months and from time to time extension was granted by the respondent for the aforesaid purpose. On 12th June, 2003, the petitioner successfully completed the work awarded to it, as per the specifications, and raised its final bill on 24th June, 2003, which inter alia included payments against the extra and substituted work performed by it at the site. No notice of liquidated damages had been issued by the respondent on the said date.