UNION OF INDIA Vs. TIRTHA SINGH

JUDGEMENT

(1.) This Appeal under Sec. 37(1)(b) of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as "A&C Act") has been filed against the judgment dtd. 23/11/2011 passed by the learned District Judge, Khurda at Bhubaneswar in Arbitration Petition No.103 o 2008 rejecting the application under Sec. 34 of the Arbitration and Conciliation Act to set aside the award dtd. 30/11/2007 passed by the Arbitral Tribunal on the ground that the judgment and award are illegal, bad in law due to nonapplication of mind, perverse and contrary to the settled position of law.

(2.) Tirtha Singh (the "Respondent"), the contractor, entered into Agreement No.64/EE/BCD-I/1982-83 for the construction of quarters in the Civil Aerodrome, Bhubaneswar, for which a tender was floated in the year 1982-83 at the estimated cost of Rs.15,20,865.00.

(3.) The date of commencement of the work was 13/2/1983 and it ought to have been completed in 12 months i.e. 12/2/1984. The necessary documents were handed over to the contractor in time, but he could not complete the work, for which the time was extended up to 9/8/1988. Ergo, the work supposed to be completed within a period of 12 months was completed only after five and half years.