DELHI TOURISM & TRANSPORTATION Vs. GAMMON INDIA LIMITED

JUDGEMENT

(1.) The petitioner has filed objections under Section 34 of the Arbitration and Conciliation Act, 1996 (hereinafter referred as 'the Act') against the arbitral award dated 09.06.2015 passed against the petitioner and in favour of the respondent.

(2.) The facts in brief are as under:-

(3.) Admittedly, the completion date of the contract was 12.04.2004 but extension was sought on 04.07.2005 and was acceded to. The time was extended till 12.04.2005 without prejudice to the rights of the Government to recover liquidated damages in accordance with the provisions of clause No.2 of the Agreement No.02/DTTDC/Engn/LN 2002-03. On 17.05.2005 a letter was written by the petitioner to the respondent to get the completion certificate and requested the respondent to submit its final bill along with final measurements, deviation statements etc to its office immediately in order to process the same. The provisional completion certificate was annexed with the said letter.