- (1.) THE State of U.P. through Superintending Engineer, Upper Ganga Canal Modernisation Circle (World Bank) Bulandshahr, has preferred this First Appeal From Order No. 143 of 1998, from the judgment and decree dated 17.10.1997/28.10.1997 passed by the Civil Judge (Senior Division) Bulandshahr in Original Suit No. 88 of 1997 (State vs. M/s Coromandal Engineering Company Limited), and other connected Original Suit No. 868 of 1996 (M/s Coromandal Engineering Company Limited vs. State of UP), dismissing the suit to set aside the Arbitration award.
(2.) THE connected First Appeal From Order Defective no. 1947 of 2011 has been filed by the State of UP from the order of the District Judge, Bulandshahr dated 4.12.2008 in Misc. Case No. 85 of 2006 and judgment and decree/award dated 3.11.2003 by the Arbitrators, with a delay of 2 years and 274 days, along with an application for condonation of delay. We have heard Shri Vishnu Pratap, learned Standing Counsel appearing for the State of UP as defendant/appellant in both the appeals. Shri S. Rajay assisted by Shri Vivek Saran appears for the respondent/claimant. The Facts
(3.) BRIEF facts giving rise to these two appeals by the State of UP, are that an agreement was entered into and was signed on 6.3.1989 between the State of UP through Superintending Engineer, Upper Ganga Canal Modernisation Circle-I (World Bank) Bulandshahar, with M/s Coromandel Engineering Co. Ltd, New Delhi, jointly with M/s Rani Construction Company Private Limited, New Delhi for construction of 30 km lined parallel Upper Ganga Canal from km. 197 to km 227 in District Bulandshahr in the State of UP. The work generally comprised of excavation, earth work, Cement Concrete lining with paver and C.C. tile lining, fixation of pressure release valves, laying graded filter and perforated A.C. pipes etc. The contract was executed after an open competitive bidding, in which the work was entrusted to M/s Coromandel Engineering Co. Ltd in a joint venture with M/s Rani Constructions Pvt. Ltd 1/34, Flat No.204 Gangaram Hospital Marg, Rejender Nagar, New Delhi-60 (for short- the claimant). The agreement provided for the work to start from 3.4.1989, with the stipulated date of completion on 2.10.1991, (in 30 months), with the cost of the work calculated at Rs.19,04,52,350/-, as per contract.;