Delhi District Court M/S Satya Prakash And Bros. Pvt. Ltd vs Union Of India on 24 July, 2024 IN THE COURT OF SH. SACHIN SOOD DISTRICT JUDGE01 ( CENTRAL), THC,DELHI ARBTN NO. 191/2017 M/s SATYA PRAKASH & BROS. PVT LTD THROUGH SH. SATYA PRAKASH GUPTA REGD. OFFICE A1. C.C. COLONY NEAR RAM PRATAP BAGH, DELHI ...PETITIONER VERSUS UNION OF INDIA THROUGH EXECUTIVE ENGINEER PWD M313, OPP KHALSA COLLEGE MALL ROAD, DELHI54 ...RESPONDENT DATE OF INSTITUTION : 19.12.2013 DATE OF RESERVING JUDGMENT : 20.07.2024 DATE OF JUDGMENT : 24.07.2024 JUDGMENT 1. The present petition has been filed against the arbitral award dated 01.11.2013 passed by Sh. S.R Pandey under the provisions of Section 34 of the Arbitration and Conciliation Act, 1996. ARBTN NO. 191/2017 M/S SATYA PRAKASH VS. UOI PAGE NO. 1/33 BRIEF FACTS OF THE CASE 2. The respondent on 29.03.2010 through its executive engineer invited bids for street scaping and beautification of Mall Road from Delhi University to Chhatrapal Stadium (3.60 Km) for Common Wealth Games, 2010 at Delhi (PackageG SH: Carriage of Earth and Malba). 3. The estimated cost of the work in terms of the NIT was Rs. 21,74,962/ and the work was to be completed within a period 45 days from the date of the start of the work and the earnest money to be deposited was Rs. 43,499/ and a performance guarantee was to be furnished @ 5% of the tendered amount with security deposit also of the said amount. 4. That vide letter dated 03.04.2010, the bid of the claimant was accepted by the respondent and the tender was allotted to the claimant/petitioner herein whose bid for an amount of Rs. 29,33,371/ was accepted by the respondent and who accordingly as per the requirements of the tender, deposited a sum of Rs. 43,500/ towards earnest money and performance guarantee for an amount of Rs. 1,46,669/. 5. The petitioner which was required to carry out the work as awarded within a period of 45 days to be reckoned from 10th day from the date of issuance of the aforesaid letter dated 03.04.2010. Accordingly, the commencement date of the work was 12.04.2010 and its completion date was 27.05.2010. As per the scope of work, the petitioner was required to carry the material by mechanical transport including loading, unloading and stacking including all leads and lifts as per direction of the Engineerincharge. 6. The disposal of the earth and malba was to be done at Sports Complex Parhlad Pur Bangar, Bawana Road, Delhi in consultation with AE M3431. ARBTN NO. 191/2017 M/S SATYA PRAKASH VS. UOI PAGE NO. 2/33 In case of extra earth/malba which is not required at Sports Complex Parhlad Pur Bangar, Bawana Road, Delhi, the same was required to be disposed of as per the directions of Engineerincharge. In the work order, specific quantities as well as its rate and unit was specified and the payment was to be made as per the quantity lifted multiplied by its rate as follows : S.No. ofDescription of item Quantity Rate Unit Amount Ref. Of DSR Item 2007 1. Carriage of material by mechanical transport including loading, unloading and stacking including all leads and lifts as per direction of Engineerincharge. (a) Lime moorum, 115.74 Cum 578700.00 Item 1.1.1/P54 Building rubbish 5000 (b) Earth 144.72 Cum 1596262.00 Item 1.1.2/P54 11030 TOTAL 21,74,962.00 7. In terms of Clause 6 and 6 (a) of the GCC, the Engineerincharge was required to ascertain and determine by measurement, the value of work done in accordance with the contract and all measurement of all items having financial value was required to be entered in measurement book and/or level field book so that a complete record is obtained of all works performed under the contract. Under clause 6 of the GCC, it was further provided that all the measurements and levels shall be taken jointly by the Engineerincharge or his authorized representative and by the contractor or his authorized representative from time to time during the progress of the work and such measurements shall be signed and