UNION OF INDIA Vs. RAMA CONSTRUCTION CO

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 17.10.2014 passed by the Sole Arbitrator adjudicating the disputes that have arisen between the parties in relation to the award of work of upgradation, renovation and new construction for CWG Games 2010 in JLN Stadium sports complex, New Delhi (SH: C/o Sub Station building I, III, IV and underground water tanks and pump rooms under Agreement No: 03/EE/CWG D- VII/2008-09) by the petitioner to the respondent.

(2.) The stipulated date of start of work was 01.02.2009 and the stipulated date of completion was 28.09.2009. The tendered amount was Rs.7,41,02,300/-. During the course of the execution of the Contract, not only certain additional work was given to the respondent, but also the petitioner added two more Sub-Stations No.II and No.V to the scope of work.

(3.) Claim No.1 was for claim of balance amount of Final Bill dated 30.11.2010 submitted by the respondent to the petitioner. The Arbitrator has awarded the said claim in favour of the respondent primarily relying upon the fact that the petitioner had reduced the contractual rates without issuing notice under Clause 12.3 of the Agreement to the respondent.