STATE OF RAJASTHAN Vs. ASHOK KUMAR CONTRACTOR

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) The present appeal is preferred against the judgment and order dtd. 10/10/2014 passed by the District and Sessions Judge, Bikaner in Misc. Civil Case No. 28/2010. Vide judgment dtd. 10/10/2014, the application preferred by the appellant-State under Sec. 34 of the Arbitration and Conciliation Act, 1996 against the award dtd. 14/09/2009 was rejected.

(3.) Learned counsel for the appellant fairly submits that except the point of counter-claim dealt with by the Arbitrator, the order dtd. 10/10/2014 does not suffer from any illegality. Learned counsel submits that the original period for completion of the contract was 20/10/1994 but the same was extended till September, 1995. He, therefore, submits that despite the fact that the contract period was extended, the respondent Contractor could not complete the task given to him by the contract agreement. Learned counsel further submits that the State is, therefore, rightly entitled for the penalty imposed on the respondent.