RAJASTHAN URBAN INFRASTRUCTURES DEVELOPMENT PROJECT Vs. NATIONAL BUILDERS

JUDGEMENT

(1.) This appeal under Sec. 37 of the Arbitration and Conciliation Act, 1996 (for short 'the Act') is filed aggrieved of dismissal of application under Sec. 34 of the Act.

(2.) The appellant (respondent before the Arbitrator, hereinafter referred to as 'appellant') issued work order in favour of the claimant (hereinafter referred to as 'respondent') and the parties entered into contract on 3/2/2003. The scope of the work was widening and strengthening of National Highway Beawar Road, Ajmer from Ramganj to Transport Nagar and to erect ramp on one side. The work starting w.e.f. 3/2/2003 was to be completed on 2/2/2004 but was actually completed on 10/5/2005. The disputes arising between the parties during performance of the contract was referred to the arbitrator. The arbitrator passed an award dtd. 30/8/2010 directing the appellant to pay to the respondent sum of Rs.41,54,511.00 and Rs.1,01,500.00 towards arbitration cost. Interest was granted under Sec. 31(7)(a) of the Act amounting to Rs.15,87,957.00 and @18% p.a. under Sec. 31(7)(b), on the awarded amount from the date of award till payment. The application under sec. 34 was dismissed by the Commercial Court on 11/7/2019, hence, the present appeal.

(3.) The appellant has raised following issues:-