NATIONAL HIGHWAYS AUTHORITY OF INDIA Vs. PATEL KNR

JUDGEMENT

(1.) Ia No. 15412/2018

(2.) Based on the Supplementary Agreement dated 14.02.2008, the date of commencement of the work was taken as 15.03.2008. The stipulated time for completion of the work was thirty months, however, the work was actually completed on 28.12.2011. The project Engineer vide letter dated 14.07.2011 had recommended the extension of time till 22.01.2012. The work had been completed within this period. The petitioner granted price escalation for the extended period in favour of the respondent. The respondent, however, claiming that the delay was wholly attributable to the petitioner raised a claim for overhead expenses, and other additional expenses incurred by it due to the extension of the period of the work.

(3.) The learned counsel for the petitioner submits that there were various reasons for the work not being completed within the stipulated period. He draws specific reference to the letters dated 04.07.2008, 22.08.2008, 06.11.2008, 26.06.2009, 03.08.2009, 08.10.2009 and 12.11.2009, wherein the respondent was claiming extension of time on the account of "Assam Bandh" and letters dated 04.05.2010 and 31.08.2010, whereby the petitioner sought extension of time on the account of rainfall. He submits that the Arbitral Tribunal has not considered the reasons the delay in the execution of the work and has attributed the entire delay on to the petitioner. He submits that the Award is, therefore, liable to be set aside.