UNION OF INDIA Vs. ALLIED TRADERS

JUDGEMENT

(1.) This appeal from order has been filed under Sec. 37 of Arbitration and Conciliation Act, 1996 against the judgment and order dtd. 18/1/2010 passed by learned District Judge, Dehradun in Arbitration Case No. 1 of 2005, whereby appellant's objection under Sec. 34 of the Arbitration and Conciliation Act was rejected.

(2.) Appellant awarded a contract to the respondent (contractor) for construction of a Pump House Building, including allied works at NHO, Dehadun. As per the contract, construction work was to commence from 28/3/1996 and was to be completed within 11 months i.e. on or before 27/2/1997. There was some delay in handing over the construction site to the contractor and the site was ultimately handed over to the contractor after several months and, thereafter also, construction work had to be stopped for various reasons. Consequently, contractor was given extension from time to time. As per the last extension, he was required to complete the work by 30/8/1999. According to the contractor (respondent herein) the work was completed and handed over to the appellant on 30/8/1999.

(3.) Since dispute arose between the parties regarding payment for the work done by the contractor, therefore, the matter was referred for arbitration in terms of the contract executed between the parties.