National Building Construction ... vs A.M. Rasool Construction And ... on 7 March, 2012
67. The learned Arbitrator, after finding that the NBCC was in breach of
contract and responsible for delay in completion of work, held as a result
that NBCC could not deny the PRW the expenses incurred as a result of
OMP No.411 of 2003 Page 42 of 45
the prolonged period of construction. The learned Arbitrator referred to
the judgment of the Supreme Court in Bengal Traders v. West Bengal
Electricity Board 2001 (2) RAJ 315 which held that although the rates
were firm it would not debar the contractor from claiming compensation
for the prolonged period of construction. It was further held that details
submitted by the PRW had not been denied by NBCC and that in any
event time had ceased to be the essence of the contract. The learned
Arbitrator's findings are based on a proper analysis of the evidence placed
on record and the applicable law. They cannot be held to be perverse or
patently illegal. The Award in respect of the claims pertaining to damages
therefore does not call for interference.