UNION OF INDIA Vs. CHENAB CONSTRUCTION COMPANY

JUDGEMENT

(1.) This is an appeal filed under Section 13(3) of the Commercial Courts Act read with Section 37 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as "the Act").

(2.) The appellant/Union of India has assailed the impugned order dated 22.09.2017 passed by a learned Single Judge of this Court by which the objections to the award have been dismissed and the award of the learned Arbitrator dated 26.12.2016 has been upheld.

(3.) The brief facts necessary to be noticed for disposal of this appeal are that the appellant/petitioner invited tenders for the work of FAO(OS) (COMM) No.16/2018 Page 2 of 26 Construction of Tunnel No.12 & 12-A from 42/450 Km to 42/500 Km & 42/585 Km to 42/775 Km and cut and cover from 42/425 Km to 42/450 Km and 42/450 Km to 585 Km and 42/775 Km to 42/805 Km including earth work in approaches, breast walls, retaining walls, protection works, drains etc. in zone No. E-24 from 42.400 Km to 42.825 Km on Jammu Udhampur Rail Line Project. On 24.05.1994, the letter of acceptance was issued in favour of the respondent for a consideration of Rs. 2,10,37,997/-. On 19.09.1994, a formal agreement was entered between the parties.