K. S. BHATI Vs. UNION OF INDIA

JUDGEMENT

(1.) By this appeal under Sec. 39 of the Arbitration Act, 1940 [For short 'the Act,1940'] the appellant has challenged impugned Judgement and Order dtd. 28/2/2017 passed by the Learned Judge, Court No. 21, City Civil Court, Ahmedabad in Civil Misc. Application No. 211 of 2000.

(2.) The respondent-Union of India challenged the arbitral award dtd. 30/12/1998 under Sec. 15, 16, 30 and 33 of the Act,1940 by preferring the Civil Misc. Application No. 211 of 2000 before the City Civil Court, Ahmedabad .

(3.) The brief fact are that the appellant was assigned the work pursuant to the tender issued by the Union of India, Railway Department and thereafter, an agreement dtd. 18/3/1978 was entered into between the parties and it was agreed to abide by special and general conditions of the agreement and accordingly, the assigned work was to be completed on or before 31/10/1978. However, the appellant could not complete the assigned work within time and the time was extended at the request of the appellant.