MCD Vs. HARCHARAN DASS GUPTA CONSTRUCTION PVT LTD

JUDGEMENT

(1.) This petition is filed under section 34 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the 'Arbitration Act') seeking to impugn the award dated 09.03.2007 passed by the learned sole arbitrator.

(2.) The respondent herein had instituted two separate proceedings, i.e. invoked the arbitration clause pursuant to the agreement dated 16.04.1998 and also instituted a suit being CS(OS) 607/2003. The said suit pertains to the levy of compensation imposed upon the respondent Sh.Harcharan Dass Gupta Construction Pvt. Ltd. (vide letter dated 001.2003). Vide a separate judgment today, I have decided the suit filed by the respondent. The relevant facts of this case are as stated below.

(3.) Tenders were invited for the construction of pedestrian sub way on Netaji Subhash Marg Delhi" by the petitioner. Contractor/respondent submitted its bid and was awarded the contract vide communication dated 16.4.1998. An agreement was executed on 21.4.1998. The stipulated date for start of work was 25.4.1998 and completion of time was one year. Accordingly, the work was to be completed on 24.4.1999.