UNION OF INDIA Vs. KUNDAN CONSTRUCTION COMPANY

JUDGEMENT

(1.) IN this appeal filed under Section 37 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the Act), Objector -Union of India alone has assailed impugned order dated 18.8.2005 passed by the learned Single Judge of this Court in OMP (M) No. 25 of 2000 with OMP (M) No. 13 of 2001, titled as Union of India V. M/s Kundan Construction Co. and Kundan Construction Co. V. Union of India and Anr.

(2.) IN relation to certain works i.e. "Provision of OTM Accn for Signal Regt at Yol" an agreement was duly executed between the Appellant -Union of India and the Respondent Kundan Construction Company (for short contractor). The work was to commence on 29.6.1988 and to be completed on 28.6.1990. There is no dispute that extension was granted to the contractor and the work was completed on 12.1.1991. Contract price was Rs. 1,20,35,881.76.

(3.) AGGRIEVED thereof, Union of India filed objections under Section 34 of the Act before this Court. The Contractor separately filed objections before the Court of District Judge, Kangra at Dharamshala, which petition was subsequently withdrawn and a fresh petition was filed by the contractor before this Court alongwith an application for condonation of delay under Section 5 of the Limitation Act. In terms of the impugned order dated 18.8.2005 both the petitions alongwith the application for condonation of delay stand dismissed.