STATE OF HIMACHAL PRADESH Vs. ASHOK KUMAR THAKUR

JUDGEMENT

(1.) Appellants have invoked the jurisdiction of this Court by the medium of present appeal, in terms of mandate of Section 37(b) of the Arbitration and Conciliation Act, 1996, (for short, the Act), and prayed for setting aside the judgment, dated 16th July, 2013, made by a learned Single Judge of this Court in Arbitration Case No.43 of 2010, titled as State of H.P. versus Ashok Kumar Thakur, whereby the petition filed by the appellants came to be dismissed, (for short, the impugned judgment).

(2.) This appeal is the outcome of a contract, which was allotted to Contractor Ashok Kumar Thakur (respondent herein), vide agreement No.8 for 2002-2003, and the work was to be completed within the stipulated period, the details of which have been given in the award passed by the Arbitrator as well as in the impugned judgment. The allotted work was taken to its logical end by the Contractor, though not within the stipulated period, but within the extended period. The extension was sought by the Contractor in writing which was granted by the Department (appellants herein).

(3.) Since the work could not be completed within the stipulated period because of unavoidable circumstances, admittedly, extension was granted by the Department, vide communication dated 24th November 2003/9th December, 2003, which has been reproduced in paragraph 8 of the impugned judgment.