PUBLIC WORKS DEPARTMENT (NATIONAL HIGHWAY) Vs. BSC-CC AND JV, 6-2-913/914

JUDGEMENT

(1.) This is a complete waste of time and a reckless exercise undertaken by an irresponsible appellant. The challenge here is under Sec. 37 of the Arbitration and Conciliation Act, 1996 to an order dated May 17, 2023 passed by the Commercial Court, Shillong on a plea under Sec. 34 of the Act challenging an arbitral award rendered on July 27, 2021.

(2.) The arbitral award was made on an application under Sec. 31(6) of the Act. Such provision empowers an arbitral tribunal to pass an interim arbitral award in respect of any matter that may be covered by a final arbitral award.

(3.) The appellant herein engaged the respondent for the two-laning of the highway from Shillong to Nongstoin and beyond, possibly, up to Tura. The claims in the reference pertained to the delay, disruption and prolongation of the contract together with interest on account of delayed payments and the like. There is no dispute that there was delay in the execution of the contract and the appellant herein submits that it was for such reason that the value of the contract had been revised and claims on account of interest and the like for previous delayed payments had been subsumed in the enhanced value of the contract.