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ARTICLE · 24 MAY 2023

Dispute Resolution And Arbitration Update

The Appellant had issued a tender for execution of works pertaining to ‘Provision of Separator made of ‘W' Steel Section Mounted on Steel Channel Post in connection with the work at Dibrugarh Town- New Tinsukia...

IndiaLitigation, Mediation & Arbitration

Union of India (represented by the General Manager, NF Railway, Maligaon, Gauhati) & Ors v. Jyoti Forge & Fabrication

Gauhati High Court | Arb. A/6/2022

Background facts

  • The Appellant had issued a tender for execution of works pertaining to 'Provision of Separator made of 'W' Steel Section Mounted on Steel Channel Post in connection with the work at Dibrugarh Town- New Tinsukia to protect track mounting (11 kms)'. The Respondent was found successful in the tender process and a Letter of Acceptance (LOA) dated February 22, 2013 was issued in its favor, post which a formal Agreement was executed between the two parties.
  • Although the Respondent was required to complete the work by November 21, 2013 as per the said Agreement, it could not do so. Hence, the Respondent requested the Appellant to grant extension of time for completion of work and ultimately time was extended from time to time and finally the Respondent had completed the work on July 18, 2014. The

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