MUNICIPAL CORPORATION OF GREATER BOMBAY, MUMBAI Vs. BHARAT CONSTRUCTION, A REGISTERED FIRM, MUMBAI
HIGH COURT OF BOMBAY
Municipal Corporation Of Greater Bombay, Mumbai
Bharat Construction, A Registered Firm, Mumbai
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PER P.R.BORA,J. -
(1.) This is an appeal against the order of the learned Single Judge dismissing the appellants petition under Section 30 of the Arbitration Act, 1940 for setting aside an award dated 22.06.1993 passed by the sole Arbitrator.
(2.) In May 1989, the appellant-corporation had invited tenders for the work of re-construction of Zakariya Bunder road from Sewree gate no.8 to Cotton Green Station (Part 2) in cement concrete. In response to the tenders so invited, the respondent no.1 submitted its percentage rate tender on 12.05.1989. The appellant-corporation accepted the tender submitted by the respondent no.1 on 23.09.1989 and directed the respondent no.1 to make preliminary arrangements, so as to commence the work in right direction earnest from 11.10.1989, which date was to be taken as the date of commencement of the said work and from which date the contract period of eight months was to be reckoned.
(3.) Some delay was caused in commencing the tender work. According to the contractor lack of due co-operation from the officers of Municipal Corporation was the reason that the work could not be commenced on the stipulated date and also did not progress further in the manner and proportion it ought to have been. Differences went on increasing which ultimately resulted in stoppage of work.;
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