LAWS(MPH)-2016-12-10

BHARAT SANCHAR NIGAM LIMITED Vs. GANESH CONSTRUCTION

Decided On December 05, 2016
BHARAT SANCHAR NIGAM LIMITED Appellant
V/S
Ganesh Construction Respondents

JUDGEMENT

(1.) This appeal filed under Section 37 of the Arbitration and Conciliation Act, 1996 (for short, 'the Act, 1996') is directed against the Judgment of District Judge dated 29.10.2015 whereby the appeal preferred by the present appellant under Section 34 of the Act, 1996 was dismissed by the Court below.

(2.) Briefly stated, the relevant facts are that the Agreement 02/EE/TCD/BPL/96-97 was entered into between the parties for construction of residential quarters at Vinay Nagar, Gwalior Phase-I. The period of completion of work was 13 months. The date of starting of work was 2.5.1996 which was required to be completed by 1.6.1997.

(3.) Shri S.P. Singh, learned counsel for the appellant contends that the work was actually completed on 25.3.1998. The current and final bills were paid to the contractor. However, there was some delay in making said payment and, the said delay was because of main reason that current bills were not periodically raised by the contractor. In the result, the payment was delayed.