Sun. Sep 20th, 2020

Union Of India vs M/S N N Buildcon Pvt. Ltd. on 1 September, 2015

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SANJEEV SACHDEVA, J

1. This appeal has been filed by the appellant impugning the order dated
21.04.2015 whereby the petition under Section 34 of the Arbitration &
Conciliation Act, 1996 (hereinafter referred to as ‘the Act’) filed by the
appellant against the Award dated 28.11.2014 has been dismissed.
2. The learned counsel for the appellant submitted that though
objections had been filed to the entire award, however, the appellant is now

restricting the challenge only to Claim No.5 and is not impugning the
Award in respect of the other claims.
3. Under Claim No. 5, the respondent had claimed bonus for completion
of the work prior to the stipulated period for the contract. It is contended by
the counsel for the appellant that admittedly, there was a delay in
completion of the work, which as per the Arbitrator was attributable to the
appellant and as such, escalation was awarded to the respondent for the
delay period. It was contended that as there was an admitted delay in the
completion of the work, so the claim for bonus was not sustainable
inasmuch as admittedly the work had been carried on beyond the original
stipulated date of the completion of the contract.

Source: Indian Kanoon

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