UNION OF INDIA Vs. R.S. JIWANI

JUDGEMENT

(1.) By this petition filed under section 34 of the Arbitration & Conciliation Act, 1996, the petitioner seeks to challenge the award dated 21st April, 2011 passed by the arbitral tribunal allowing some of the claims made by the respondent.

(2.) Some of the relevant facts for the purpose of deciding this petition are as under :

(3.) Mr. Suresh Kumar, the learned counsel for the petitioner submits that claim no. 1 which was in respect of idling of establishment due to prolongation of the contract, the learned arbitrator has allowed the said claim in the sum of Rs.25,330/-. It is submitted that as per clause No. 17(3) of the general condition of contract, even if the work was delayed for any reasons whatsoever, the contractor was entitled to claim only extension of the completion date and claim for compensation was specifically prohibited under said clause. Clause 17.3 of the General Conditions of Contract is extracted as under :