State Of Rajasthan vs Shri I.J. Mamtani, … on 4 March, 2026

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    Rajasthan High Court – Jaipur

    State Of Rajasthan vs Shri I.J. Mamtani, … on 4 March, 2026

    [2026:RJ-JP:9499-DB]
    
            HIGH COURT OF JUDICATURE FOR RAJASTHAN
                        BENCH AT JAIPUR
    
               D.B. Civil Miscellaneous Appeal No. 2530/2024
    
     1.      State Of Rajasthan, Through Administrative Secretary,
             Public Works Department, Rajasthan, Jaipur.
     2.      Chief    Engineer(N.h.).,            Public       Works      Department,
             Rajasthan, Jaipur.
     3.      Superintending Engineer, Public Works Department, Circle
             Sikar, Rajasthan.
                                                                         ----Appellants
                                          Versus
     1.      Shri I.J. Mamtani, Chairman, Arbitration Committee, Chief
             Engineer Road Retired Most 111 G/58, Lajpat Nagar-3,
             New Delhi-110024 (Fax No. 01129832256).
     2.      Gammon India Limited, Gammon House, Veer Sarvarkar
             Marg, Prabha Devi Marg, Varli, Mumbai-400025.
                                                                       ----Respondents

    For Appellant(s) : Mr. Vigyan Shah, AAG
    For Respondent(s) : Mr. A.K. Sharma, Sr. Adv. assisted by
    Mr. Rachit Sharma&
    Mr. Madhav Dadich

    HON’BLE THE ACTING CHIEF JUSTICE MR. SANJEEV PRAKASH SHARMA
    HON’BLE MRS. JUSTICE SHUBHA MEHTA

    SPONSORED

    Judgment

    REPORTABLE
    05/03/2026

    1. The State in this appeal assails the order passed by the

    learned Commercial Court No.2, Jaipur Metropolitan-II dated

    20.03.2024, whereby the Commercial Court has rejected the

    objections raised by the appellant under Section 34 of the

    Arbitration & Conciliation Act, 1996 (for short ‘the Act of 1996’)

    and has affirmed the award passed by the Arbitral Tribunal (for

    short ‘Tribunal’).

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    2. Mr. Vigyan Shah, learned Additional Advocate General has

    vehemently submitted that the learned Arbitrator failed to take

    into consideration the provisions enumerated in the contract and

    has passed an award without appreciating the facts and

    circumstances. It is his submission that the concerned Tribunal

    has failed to take into consideration that the entire contract was

    time related and if the same would not have been completed

    within the time frame, the State had full right to determine the

    contract.

    3. He submits that the finding of the Tribunal of the contract

    not being time bound related is perverse. He also submits that the

    concerned Engineer had no power to extend the time period of the

    contract and a wrong presumption has been drawn by the

    Arbitrator that it can be assumed there must be some obstacles in

    construction of the road for 98 Kms.

    4 Learned counsel has painstakingly taken us to the various

    provisions of the contract agreement and also to the view taken

    by the Tribunal.

    5. Learned counsel submits that the findings of the Tribunal

    with regards to the duties of the Engineer being Executive and

    quasi judicial is wholly erroneous. The Engineer being employed

    by the employer, i.e., State of Rajasthan, was bound by the

    instructions issued by the State and its Chief Engineer.

    6. The learned counsel has further taken us to the order passed

    by the Commercial Court No. 2, Jaipur. While deciding the

    objections under Section 34 of the Act of 1996 to submit that so

    far as Clauses 44 and 47 regarding power to extend the time

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    limitation and imposing of liquidated damages are concerned, the

    same were not applicable as the contract was by the World Bank

    Project and the World Bank directions were required to be

    followed.

    7. In view of the fact that the contractor had failed to perform

    within the time limit prescribed, the determination of the contract

    cannot be said to be unjustified.

    8. We have considered the submissions.

    9. In this case, a Tribunal was appointed consisting of three

    members. The claimant nominated one Mr. M.D. Deshmukh, as the

    Arbitrator, while the IRC nominated one Shri I.J. Mamtani and the

    State named one Mr. J.M. Malhotra, as Arbitrator.

    10. The Tribunal commenced its hearing from 07.07.1997 and

    passed an award on 14.01.2008, further the award was corrected

    by issuing a corrigendum award on 01.03.2008. The summary of

    the award is noted as below:

    6. Further Direction by the AT

    The Respondent Employer are permitted the time of 90
    days from the date of publishing and signing the award
    for payment by the Respondents Employer to the
    Claimants Contractor. In case the Respondents do not
    pay the amount to the Claimants, the Claimants shall
    be paid the interest @14% on the gross amount which
    includes the awarded amount for the claims and the
    interest upto the date of the award, thereafter,

    SUMMARY OF AWARD
    Claim Brief Description of the Amount of claim Amount of
    No. Claim in rupees Award
    Contractors Claimant’s Claims (Rs. Lakhs)
    1 Reimbursement of 8,09,46,000/0 Nil
    Additional and/or extra
    expenses incurred during
    execution of the work due
    to breach of contract on
    the part of the

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    Respondents.

                 2         Refund of the recovered 1,34,13,100/-          1,34,13,100
                           amount     towards    the                      /-
                           alleged        liquidated
                           damages
                 3         Refund of the withheld 63,79,675/-             63,79,675/-
                           amount            towards
                           escalation on the work
                           done from time to time
                           and wrongfully disallowed
                           in the final bill of the
                           Claimants.
                 4         Reimbursement of extra 18,34,565/-             Nil
                           cost of carrying out Profile
                           Corrective courses
                 5         Reimbursement of cost of 22,34,565/-           9,44,880/-
                           work done on surveying
                           and preparation of Grade
                           Sheets
                 6         Reimbursement of extra 28,27,298/-             28,27,298/-
                           cost of construction of
                           berms     using   quarry
                           rubbish shoulders
    
                 7         Claim for compensation 3,39,86,000/-           2,32,05,000
                           for wrongful cancellation                      /-
                           of the contract by the
                           Respondents        when
                           extension of time was
                           legitimately due to the
                           Claimants
    
                 8         Reimbursement            of 44,51,000/-        37,27,237/-
                           additional
                           uncontemplated interest
                           charges required to be
                           paid by the Claimants on
                           the    various   advances
                           given to them by the
                           Respondents due to the
                           actual progress of work
                           not being commensurate
                           with the planned progress
                           of work due to breaches
                           of contracts on the part of
                           the Respondents.
    
                                       Respondent Employer's Claim
                 1         Respondent       Employer's 367.40 lakhs       Nil
                           Claims
                           Loss due to deprivation of
                           financial assistance from
                           World Bank at lower
                           interest rates for the work
                           not     done      by    the
                           contractor
    
                 2         Expenditure incurred by 595.86 lakhs           Nil
                           Respondent on bringing
                           the road to traffic worthy
                           condition
    
                 3         Cost of balance work after 1360.74 lakhs       Nil
                           the     rescinding    the
                           contract (Excess to be
    
    
    

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    spent on balance work)

    4 Loss to public 50 lakhs L.S Nil

    5 Cost of Arbitration 2.384 lakhs L.S Nil

    Contractor Claimants Claims
    9 Interest Not qualified Rate of
    interest @
    12% p.a.
    w.e.f.

    18.2.1997.

                 10        Cost of Arbitration Share 14,07,719 = 00        Refund      of
                           of arbitrator's fees and                        50%
                           expenses       paid    by                       amount paid
                           Claimants on behalf of                          to        the
                           Respondents.                                    Arbitrators
                                                                           on behalf of
                                                                           the
                                                                           Respondent
                                                                           s.
    
    
    
    

    11. The objections to the said award were filed under Section 34

    of the Act of 1996 before the District Court & Sessions Judge on

    28.05.2008, which was later on transferred to the Commercial

    Court (supra) on 03.02.2018 and, thereafter, the objections were

    decided on 20.03.2024.

    12. We noticed that more than 25 years have elapsed since the

    initial arbitration proceedings commenced. The Act of 1996

    essentially was passed with the purpose of deciding disputes in an

    effective and quick manner. However, we see and note that in

    almost all the cases where arbitration awards are passed, the

    same are taken up by way of raising objections under Section 34

    of the Act of 1996, as if an appeal has been filed. Section 34 of

    the Act of 1996, provides certain conditions wherein the arbitral

    award can be set aside and it would be useful to note them for the

    purpose of present case. The same has been reproduced below:

    “34. Application for setting aside arbitral award.–
    (1) Recourse to a Court against an arbitral award may
    be made only by an application for setting aside such

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    award in accordance with sub-section (2) and
    sub-section (3).

    (2) An arbitral award may be set aside by the
    Court only if –

    (a) the party making the application
    [establishes on the basis of the record of the
    arbitral tribunal that]–

    (i) a party was under some incapacity,
    or

    (ii) the arbitration agreement is not valid
    under the law to which the parties have
    subjected it or, failing any indication
    thereon, under the law for the time being
    in force; or

    (iii) the party making the application was
    not given proper notice of the
    appointment of an arbitrator or of the
    arbitral proceedings or was otherwise
    unable to present his case; or

    (iv) the arbitral award deals with a
    dispute not contemplated by or not
    falling within the terms of the submission
    to arbitration, or it contains decisions on
    matters beyond the scope of the
    submission to arbitration:

    Provided that, if the decisions on matters
    submitted to arbitration can be
    separated from those not so submitted,
    only that part of the arbitral award which
    contains decisions on matters not
    submitted to arbitration may be set
    aside; or

    (v) the composition of the arbitral
    tribunal or the arbitral procedure
    was not in accordance with the
    agreement of the parties, unless such
    agreement was in conflict with a
    provision of this Part from which the
    parties cannot derogate, or, failing such
    agreement, was not in accordance with
    this Part; or

    (b) the Court finds that–

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    (i) the subject-matter of the dispute is
    not capable of settlement by
    arbitration under the law for the time
    being in force, or

    (ii) the arbitral award is in conflict with
    the public policy of India.

    [(2A) An arbitral award arising out of
    arbitrations other than international commercial
    arbitrations, may also be set aside by the
    Court, if the Court finds that the award is
    vitiated by patent illegality appearing on the
    face of the award:

    Provided that an award shall not be set aside
    merely on the ground of an erroneous
    application of the law or by reappreciation of
    evidence.]
    (3) An application for setting aside may not be
    made after three months have elapsed from the
    date on which the party making that application
    had received the arbitral award or, if a request
    had been made under section 33, from the date
    on which that request had been disposed of by
    the arbitral tribunal:

    Provided that if the Court is satisfied that the
    applicant was prevented by sufficient cause
    from making the application within the said
    period of three months it may entertain the
    application within a further period of thirty
    days, but not thereafter.

    (4) On receipt of an application under sub-

    section (1), the Court may, where it is
    appropriate and it is so requested by a party,
    adjourn the proceedings for a period of time
    determined by it in order to give the arbitral
    tribunal an opportunity to resume the arbitral
    proceedings or to take such other action as in
    the opinion of arbitral tribunal will eliminate the
    grounds for setting aside the arbitral award.
    [(5) An application under this section shall be
    filed by a party only after issuing a prior notice
    to the other party and such application shall be
    accompanied by an affidavit by the applicant

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    endorsing compliance with the said
    requirement.]
    [(6) An application under this section shall be
    disposed of expeditiously, and in any event, within
    a period of one year from the date on which the
    notice referred to in sub-section (5) is served upon
    the other party.]”

    13. Although, the award may not fall in any of the categories

    under Section 34 of the Act of 1996, however, an interpretation

    has been taken by the Hon’ble Apex Court in certain cases where

    the Court can interfere with an award, if the same has been

    passed arbitrarily or where there is a perversity to the extent that

    the award could not have been passed by any reasonable person.

    14. Reference may be made to the following judgments:

    (a) In the context of arbitrariness, reference can be made to the

    decision of the Hon’ble Supreme Court in MMTC Limited vs

    Vedanta Limited (2019) 4 SCC 163:

    “12. It is only if one of these conditions is met that the
    Court may interfere with an arbitral award in terms of
    Section 34(2)(b)(ii), but such interference does not
    entail a review of the merits of the dispute, and is
    limited to situations where the findings of the arbitrator
    are arbitrary, capricious or perverse, or when the
    conscience of the Court is shocked, or when the
    illegality is not trivial but goes to the root of the matter.
    An arbitral award may not be interfered with if the view
    taken by the arbitrator is a possible view based on
    facts. (See Associates Builders v. DDA.
    Also see ONGC
    Ltd. v. Saw Pipes Ltd. ; Hindustan Zinc Ltd. v. Friends
    Coal Carbonisation
    ; and McDermott International Inc.
    v. Burn Standard Co. Ltd
    .)”

    (b) In the context of principles surrounding application of the

    concept of perversity, reference can be made to the decision of

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    the Hon’ble Supreme Court in Associate Builders vs Delhi

    Development Authority (2015) 3 SCC 49:

    “31. The third juristic principle is that a decision which is
    perverse or so irrational that no reasonable person
    would have arrived at the same is important and
    requires some degree of explanation. It is settled law
    that where:

    (i) a finding is based on no evidence, or

    (ii) an Arbitral Tribunal takes into account something
    irrelevant to the decision which it arrives at; or

    (iii) ignores vital evidence in arriving at its decision,
    such decision would necessarily be perverse.”

    (c) The principles enumerated in Associate Builders (supra)

    have also been followed in subsequent cases, as also noticed by

    the Hon’ble Supreme Court in Anglo American Metallurgical

    Coal Pty. Limited vs MMTC Limited (2021) 3 SCC 308:

    “47. This judgment has been consistently followed in a
    plethora of subsequent judgments, including:

    (a) NHAI v. ITD Cementation (India) Ltd. at para
    24 (p.38);

    (b) Centrotrade Minerals & Metal Inc. v.
    Hindustan Copper Ltd.
    at para 45 (p. 252);

    (c) Venture Global Engg. LLC v. Tech Mahindra
    Ltd.
    at para 85 (p. 687);

    (d) Sutlej Construction Ltd. v. State (UT of
    Chandigarh
    ) at para 11 (p. 722);

    (e) Maharashtra State Electricity Distribution Co.
    Ltd. v. Datar Switchgear Ltd.
    at para 51 (p. 169);

    (f) HRD Corpn. v. GAIL (India) Ltd. at paras 18-
    19 (p. 493);

    (g) M.P. Power Generation Co. Ltd. v. ANSALDO
    Energia SpA
    at para 25 (p.679);

    (h) Shriram EPC Ltd. v. Rioglass Solar SA at para
    34 (p.328);

    (i) State of Jharkhand v. HSS Integrated Sdn at
    para 7 (p.804); and

    (j) SsangYong Engg. & Construction Co. Ltd. v.
    NHAI
    at paras 20, 34-36 (pp. 154, 169-170).”

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    (d) Furthermore, the Hon’ble Supreme in Ssangyong

    Engineering and Construction Company Limited vs

    National Highways Authority of India (NHAI) (2019) 15

    SCC 131, while referring to Associate Builders (supra)

    opined:

    “41. What is important to note is that a decision which
    is perverse, as understood in paras 31 and 32 of
    Associate Builders, while no longer being a ground for
    challenge under “public policy of India”, would
    certainly amount to a patent illegality appearing on the
    face of the award. Thus, a finding based on no
    evidence at all or an award which ignores vital
    evidence in arriving at its decision would be perverse
    and liable to be set aside on the ground of patent
    illegality. Additionally, a finding based on documents
    taken behind the back of the parties by the arbitrator
    would also qualify as a decision based on no evidence
    inasmuch as such decision is not based on evidence
    led by the parties, and therefore, would also have to

    be characterised as perverse.”

    (e) A word of caution was given by the Hon’ble Supreme

    Court in Dyna Technologies Private Limited vs

    Crompton Greaves Limited (2019) 20 SCC 1:

    “24. There is no dispute that Section 34 of the
    Arbitration Act limits a challenge to an award only
    on the grounds provided therein or as interpreted by
    various courts. We need to be cognizant of the fact
    that arbitral awards should not be interfered with in
    a casual and cavalier manner, unless the court

    comes to a conclusion that the perversity of the
    award goes to the root of the matter without there
    being a possibility of alternative interpretation which
    may sustain the arbitral award. Section 34 is
    different in its approach and cannot be equated with
    a normal appellate jurisdiction. The mandate under

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    Section 34 is to respect the finality of the arbitral
    award and the party autonomy to get their dispute
    adjudicated by an alternative forum as provided
    under the law. If the courts were to interfere with
    the arbitral award in the usual course on factual
    aspects, then the commercial wisdom behind opting
    for alternate dispute resolution would stand
    frustrated.”

    (f) More recently, the scope of Section 34 of the Act of

    1996 were discussed by the Hon’ble Supreme Court in

    Gayatri Balasamy vs ISG Novasoft Technologies

    Limited (2025) 7 SCC 1:

    “255. The courts exercising power under Section 34
    and courts hearing appeals thereunder have no
    power to “modify” an award.

    256. The power to modify is not a lesser power to
    that of the power to set aside, as the two operate in
    separate spheres and are not of the same genus.

    257. The inherent power under Section 151 CPC
    cannot be used to modify awards as it will be
    contrary to the express power mentioned in Section

    34. Similarly, there is no scope for applying the
    doctrine of implied power to modify awards.

    259. Interest awarded also cannot be modified in
    exercise of powers of setting aside and the course of
    action under Section 34(4) will have to be adopted
    as discussed in the judgment.

    260. Hakeem is not per incuriam insofar as it held
    that a Section 34 Court cannot modify the award and
    will be read with the only exception made in this
    judgment now. On the principle of actus curiae
    neminem gravabit (act of court shall prejudice no
    one) computation, clerical and typographical errors
    or other errors of similar nature is permissible to be
    corrected by the Section 34 Court, in terms of the
    holding above.

    262. The power under Section 34(4) can be
    exercised by the Court suo motu also under the
    circumstances set out hereinabove.

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    263. A Court under Section 34 and the courts
    hearing appeals thereafter have the power to “sever”
    parts of the award in exercise of the powers of
    setting aside awards under Section 34. However,
    while severing, the parameters set out hereinabove
    and flowing from the judicial precedents discussed
    therein have to be followed.”

    (g) As this case is at the appellate stage, it would also

    be apposite to refer to a recent decision of the Hon’ble Supreme

    Court in Saisudhir Energy Ltd. vs NTPC Vidyut Vyapar

    Nigam Ltd. 2026 SCC Online SC 125 wherein it was held as

    under:

    “18. In our view, the Division Bench exceeded its
    jurisdiction under Section 37 of the Act of 1996 when
    it proceeded to re-work and re-calculate the amount
    of reasonable compensation to which NVVNL was
    entitled. The learned Single Judge having determined
    the amount of reasonable compensation by relying
    upon Clause 4.6 of the PPA and thereafter awarding
    50% of the amount so determined, in the absence of
    this determination being shown to be beyond the
    terms of Clause 4.6 of the PPA or arbitrary or
    perverse, no interference with such determination
    was called for in exercise of jurisdiction under
    Section 37 of the Act of 1996. In fact, the Division
    Bench has not recorded any finding that such
    determination of reasonable compensation by the
    learned Single Judge suffered from arbitrariness or
    that it travelled beyond what was provided by Clause
    4.6 of the PPA. Having held in paragraph 28 of the
    impugned judgment that it was in agreement with
    the view of the learned Single Judge of the need to
    balance equities and compute a fair and reasonable
    amount of compensation coupled with the fact that
    the majority award granting a paltry amount of Rs.
    1.2 crores was held to be contrary to the
    fundamental policy of Indian law thus requiring
    interference, the further exercise undertaken by it in
    modifying the amount of reasonable compensation

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    was not justified in the facts of the case. The
    modification in the amount of reasonable
    compensation by the Division Bench is merely a
    substitution of its view in place of the plausible view
    taken by the learned Single Judge. Such course of
    taking a different view of the same matter from the
    one taken under Section 34 of the Act of 1996 would
    be beyond the scope of Section 37 of the Act of
    1996. As held in AC Chokshi Share Broker Private
    Limited v. Jatin Pratap Desai
    to which one of us (P.S.
    Narasimha J) was a party, the Court under Section
    37
    must only determine whether the Section 34
    Court had exercised its jurisdiction properly and
    rightly, without exceeding its scope. To that extent,
    we find that the Division Bench of the High Court
    erred in interfering with the judgment of the learned
    Single Judge.”

    15. Before proceeding further, we deem it fit to

    enumerate the following non-exhaustive principles to aid

    in determination of whether to set aside an award on

    grounds of arbitrariness or perversity:

    a. The finding lacks any or sufficient evidence

    b. Conclusion drawn from material available on record

    is perverse to the extent that no reasonable person

    examining such material would have arrived at such

    conclusion

    c. Key facts or evidence were not given due

    consideration

    d. Violation of due legal process or principles of natural

    justice, particularly where it has a material effect on

    the outcome of the dispute

    e. Disregarding the opinion of experts without assigning

    sufficient reasons, particularly in technical matters

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    f. Decision amounted to rewriting of contract

    g. Tribunal exceeded its mandate in any manner

    h. Arbitrariness or perversity goes to the root of the

    matter

    While the above-mentioned principles provide useful

    guidance, they have to be examined in the context of the

    unique facts and circumstances of each case.

    16. In light of the aforesaid law, we examine the present case.

    We find that the grounds which were taken by the appellant before

    the Court below as enumerated in Para 48 were found to be

    without any basis. The grounds as raised and examined by the

    concerned Commercial Court are not such which may come within

    the four corners of Section 34 (2) of the Act of 1996.

    17. The main objections which we have enumerated in the

    foregoing paras raised by the State have been found on factual

    grounds to be incorrect. We also went through the entire award

    passed by the learned Arbitrator and find that the objections

    raised and the arguments advanced by the State were all dealt

    with reference to the provisions of the agreement entered

    between the parties. The duties of the Engineer are enumerated in

    Clause 2 of the Contract agreement T-1 P:71 where he has been

    designated as the first person to examine any dispute which may

    arise between the Executive Engineers and the contracting party.

    The said clause is reproduced below:

    “ENGINEER AND ENGINEER’S REPRESENTATIVE

    2. (1) The Engineer shall carry out such duties in
    issuing decisions, certificates a orders as are specified
    in the contract. In the event of the Engineer being
    required in terms of his appointment by the Employer
    to obtain the specific approval of the Employer for the

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    execution of any part of these duties, this shall be set
    out in Part second of these Conditions.
    (2) The Engineer’s Representative shall be responsible
    to the Engineer and his duties are to watch and
    supervise the works and to test and examine any
    materials to be used or workmanship employed in
    connection with the works. He shall have no authority
    to relieve the Contractor of any of his duties or
    obligations under the Contract nor, except as expressly
    provided hereunder or elsewhere in the Contract, to
    order any work involving delay or any extra payment
    by the Employer, not to make any variation of or in the
    works.

    The Engineer may from time to time in writing
    delegate to the Engineer’s Representative any of the
    powers and authorities wasted in the Engineer and
    shall furnish to the Contractor and to the Employer a
    copy of all such written delegations of powers and
    authorities. Any written instruction or approval given
    by the Engineer’s Representatives to the contractor
    within the terms of such delegation, but not otherwise,
    shall bind the Contractor and the Employer as though it
    had been given by the Engineer. Provided always as
    follows:-

    (a) Failure of the Engineer’s Representative to
    disapprove any work or materials shall not prejudice
    the power of the Engineer thereafter to disapprove
    such work or materials and to order the pulling down,
    removal or breaking up thereof.

    (b) If the Contractor shall be dissatisfied by reason of
    any decision of the Engineer’s Representative he shall
    be entitled to refer the matter to the Engineer, who
    shall thereupon confirm, reverse or vary such decision.”

    However, the Engineer did not apply his mind independently.

    Applications were moved to him for extension of time. On the

    basis of the opinion received from the World Bank, the learned

    Arbitrator has reached to the conclusion that the Engineer was

    totally dominated by the employer and in partial working of the

    Engineer has been vitiated. We also notice that while time could

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    be extended and even there was even a provision for imposing

    liquidated damages the termination of the contract was done mid

    way. The Tribunal has given the following findings:

    “5.0 Decision of the AT

    1. The AT is of the view that unilateral termination
    of the contract without considering the Extension of
    Time at an appropriate time on expiry of completion of
    the milestones and overall completion made the
    contract at large on 4.1.1994 virtually it become non-
    existent. Any action, thereafter is out of the contract
    provision hence is considered as void. The decision of
    granting few days Extension of Time, when the ground
    based Engineer (Executive Engineer) and the
    Superintending Engineer recommended larger time
    period, this action was not as per the contract since no
    reasons were conveyed on these rejections. The
    decision to terminate the contract was based on the
    instructions of the Deptt Of Economic Affairs, Govt. of
    India, Ministry of Finance and recommendations of the
    World Bank. A fair and reasonable chance was denied
    to the contractor when other contracts in the same
    package were granted larger Extension of Time.

    2. The AT based on the submissions, oral presentation,
    arguments as well as legal citations by both parties and
    after application of mind decides that the action of the
    Employer Respondents was not as per the contract,
    hence the termination was improper. The
    Claimant/contractor is therefore entitled to the
    payment for consequential costs:

    The Claimants have worked out the claim for Rs.809.46
    lakhs. Annexu. 140A p 251 (a) and (b) of C2.

    The Claim has been repeated under claim No.7. Hence
    this is not considered by the AT.”

    18. We do not find the award to be in any manner to be perverse

    or against public policy. In view thereto, the award passed by the

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    learned Arbitrator and as affirmed by the Commercial Court does

    not warrant any interference in this appeal by us.

    19. The scope of appeal being wholly limited as noted above, we

    affirm the award as well as the order passed by the Commercial

    Court on 20.03.2024. The appeal is dismissed accordingly.

    20. All pending applications also stand disposed of.

    (SHUBHA MEHTA),J (SANJEEV PRAKASH SHARMA),ACTING CJ

    Riya/70

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