UNION OF INDIA Vs. A. K. CONSTRUCTION CO

JUDGEMENT

(1.) THE Petitioner/Union of India has challenged the Award under Section 34 of the Arbitration and Conciliation Act, 1996 (for short, Arbitration Act) basically Claim Nos. 4, 69 only. There is no specific challenge to the other claims. The Respondent/contractor has not challenged the rest of the Award.

(2.) THE basic submissions of the learned counsel for the Petitioner revolve around Clause 12 of the Central Conditions of Contract for Central P.W.D. Works, 2008 which permits in case of deviation of extra items and substituted items, pricing part to be adjudicated by the concerned Engineer. This itself means, there is no bar that in case of deviation and/or substitution, the contractor, subject to the decision by the concerned Authority is entitled to claim for extra items. Admittedly, there was deviation in the work referring to design also. The decision so given by the Engineer, so far as the work as liable and the deviated and/or directed to be completed. There is no dispute that the contractor completed the work as directed from time to time. The time was extended for about 4 years. There was no restricted terms and/or conditions for such extension.

(3.) SO far as the claim No.6 is concerned, based upon the statement of claim and the material placed on record and after considering the rival contention of the Petitioner again by noting that there was no denial to the extra work done by the contractor, granted the claim as prayed. The reason so given in this regard also is well within the frame work of law and the record and needs no interference.