Rajiv Narain Raina, J. - (1.) THE Engineer -in -Chief, Haryana, PWD, B & R, Chandigarh entered into contract with M/s. B & R Infra Techno Private Limited for maintenance and construction of part of the National Highway -8 route Rewari -Ateli -Narnaul running a length of 66.40 Kms. The works contract was executed on March 08, 2000. The work was physically completed on July 27, 2001. The Defect Liability Certificate was issued on April 19, 2002. The final bill was presented on October 10, 2002. The road work was completed but disputes arose between the parties which were referred to arbitration. The award has been made in favour of the contractor -respondent.
(2.) THE challenge to the award dated April 30, 2008 in proceedings under Section 34 of the Arbitration & Conciliation Act, 1996 (for short "the Act") failed before the learned Additional District Judge, Rewari on December 13, 2011. The appeal preferred by the State of Haryana under Section 37 of the Act is pending before this Court. Notice of motion was issued on September 17, 2012 and the following interim order was passed: - Meanwhile, execution of impugned Award (except regarding the principal amount of Rs. 25,19,355/ - less the amount of excise duty i.e. Rs. 19,01,726/ - and interest on the said net amount at the rate awarded by the Arbitrators since 20.10.2003 till recovery) shall remain stayed. For the remaining part of the award dated April 30, 2008 against which there was no stay by this Court, the contractor filed execution proceedings in the Executing Court to obtain money under the decree.
(3.) TILL then, the contractor fought the litigation in the name and style of M/s. B & R Infra Techno Private Limited with which company the Government had contracted with for execution of the works. It transpires that M/s. B & R Infra Techno Private Limited changed its name to M/s. B.R. Arora & Associates Private Limited on the strength of a resolution passed by the company in terms of Section 21 of the Companies Act, 1956 together with the approval of the Central Government duly accorded the Registrar of Companies, NCT of Delhi & Haryana who accepted the change and issued a Fresh Certificate of Incorporation in the changed name w.e.f. April 04, 2004.;