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~~~~~~~~~ Dated this the 28th day of February, 2020 Nagaresh, J.
The State of Kerala is in appeal challenging the order dated 28.09.2018 in O.P.(Arbitration) No.594/2014 of the Court of the Additional District Judge-V, Ernakulam, invoking Section 37 of the Arbitration and Conciliation Act, 1996.
2. The appellant-State of Kerala awarded the work of "NH-49 Madhurai-Kochi road Special repairs Crash Programme - Improve riding quality and strengthening of B.T. surface" to the respondent-Firm for an amount of ₹1,29,74,385/-. Agreement was executed on 26.09.2000. The work was to be completed by 31.12.2000 as per the agreement. According to the appellant, the respondent was asked to take over the work site on 30.09.2000 but the Arb. A. No.33 OF 2019 respondent took over the site only on 12.10.2000. The work started on 21.01.2001. Supplemental Agreements C9 and C19 were executed between the parties whereby time period was extended. The work was completed by 30.04.2001. The respondent issued a No Claim Certificate, based on which their final bill was honoured on 23.01.2002.