BUDHIRAJA ELECTRICALS Vs. UNION OF INDIA

JUDGEMENT

(1.) This petition under Section 34 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the 'Act') has been filed by the petitioner challenging the Arbitral Award dated 30th January, 2015 passed by the Sole Arbitrator adjudicating the disputes that have arisen between the parties in relation to the Work Order No.54(826)/ECD-6/10-11/432 dated 14th May, 2010.

(2.) By the Work Order dated 14th May, 2010, the respondent had awarded to the petitioner the electrical work to be carried out by the respondent in the Boys Hostel 'D' near Satpura Hostel at IIT Delhi (SH : SITC of Rising Mains). The tendered amount accepted by the respondent was Rs.39, 40, 577/- and the period of completion was prescribed as two months starting from 24th May, 2010 to 23rd July, 2010. The actual date of completion of work was 31st July, 2012 that is an extended period of almost 24 months. The Arbitrator, in the Impugned Award, has held the respondent responsible and liable for prolongation of the work period, as it found that the prolongation was due to non-completion of the civil work by the respondent.

(3.) The first challenge of the petitioner to the Impugned Award is to the recovery of Rs.3, 86, 954/- made by the respondent from the final bill of the petitioner on account of not providing two runs of copper earth strip, size 25x5 mm stipulated under agreement item No.