STATE OF UTTAR PRADESH Vs. VIRAT CONSTRUCTION

JUDGEMENT

(1.) Heard Sri Manish Goyal, learned Additional Advocate General assisted by Sri Devansh Rathore, learned Additional Chief Standing Counsel for the State-appellants and Sri Jagat Narayan Mishra, learned counsel for the opposite party.

(2.) The instant appeal under Sec. 37 of 1996 Act has been filed seeking quashing of the impugned judgment and order dtd. 14/2/2023 passed by the Presiding Officer, Commercial Court, Jhansi in Arbitration Case No. 31 of 2022 (State of U.P. v. M/s.Virat Construction), arising out of Arbitration Case decided between the parties by the Sole Arbitrator on 3/5/2022.

(3.) A tender was invited on 1/8/2008 by the appellants for the construction of Head Regulator at Km.0.410 of Margin Bandh to protect the Banda City from the flood of Cane River. In response to it, the contractor/opposite party No. 2/claimant applied and his bid was found to be responsive, when tender was opened on 10/9/2008. Accordingly, the tender was awarded to the claimant and letter of acceptance was issued on 7/11/2008. In accordance with the letter of acceptance dtd. 7/11/2008, the claimant was required to submit the balance security money plus stamp duty within ten days, which was duly complied by him. Thereafter both the parties entered into a contract agreement on 22/11/2008. As per the contract agreement the cost of the work was Rs.4,96,92,893.00 only. The date of commencement of the work was given as 22/11/2008 and the period of completion of the work was nine (09) months, hence the stipulated date of completion was given as 21/8/2009.