Executive Engineer, Survey and Investigation Lift Division First, IGNP & Anr. vs. Rameshwar Lal Manaram

Arbitration and Conciliation Act, 1996–Sec. 34–Rejection of objections by the Commercial Court–Delay of 1168 days in completion of work–Only the delay of 55 days was attributable to the contractor–Escalation in the price of material–Specific admission of petitioner-department that the delay was due to reasons beyond the control of Department and contractor–No other conclusion was available for the arbitrator except awarding the amount qua price escalation–Claim of escalation of price was denied by the petitioner-department, therefore, the Clause 45 of the agreement would not apply–Court below rightly held that none of the objections raised by the petitioner falls within the purview of Sec. 34–Interference declined.