UNION OF INDIA Vs. B K CONSTRUCTION

JUDGEMENT

(1.) We have heard Mr.D. Baruah, learned Addl. Central Govt. Standing Counsel appearing on behalf of the Union of India represented by the Executive Engineer (Civil), Civil Construction Wing. All India Radio (Prashar Bharati), Itanagar, Arunachal Pradesh/appellant and Mr. B.C.Das, learned Counsel who represents the contractor/ respondent.

(2.) This Miscellaneous First Appeal has been preferred by the appellant against the order dated 27.4.01 passed by the learned District Judge, Yupia, Papumpare District, Arunachal Pradesh in Case No. MIS (Arb.)l/ 2000 rejecting the application filed under Section 34 of the Arbitration and Conciliation Act, 1996, (for short the Act'), by the appellant for setting aside the arbitral award dated 13.12.99 made and published by the sole arbitrator in the arbitration proceeding between the appellant and the respondent arising out of an Agreement No. 25/CE/ND/ 88-89.

(3.) The facts of the case, in a nutshell, are that the appellant entered into an agreement with the respondent on 15.10.1988 for execution of work for construction of Quarters and Hostels at Itanagar namely 16 Nos. of Type -A, 16 Nos. of Types-B, 24 Nos. of Type-C; 8 Nos. of Type-D, 2 Nos, of Type E Staff Quarters and 8 Nos. of Type-A, 16 Nos. of Type-B, 16 Nos. of Type-C Hostels including one Community Centre. The contract amount was Rs. 1,04,09,644.49 (Rupees one Crore four lakhs nine thousand six hundred forty four and forty nine paise) only and the said construction work was to be completed on 10.7.90 i.e. within 17 month from the date of commencement of the work. However the contract work could not be completed within the stipulated period and the entire contract work was eventually completed on 31.10.96.