PARSVNATH FILM CITY LTD Vs. CHANDIGARH ADMINISTRATION

JUDGEMENT

(1.) Two appeals, namely, Civil Appeal No.6162 of 2016 and Civil Appeal No.10490 of 2017, are disposed of by this common judgment.

(2.) The appellant in Civil Appeal No.6162 of 2016, M/s Parsvnath Film City Limited (hereinafter "appellant") has approached this Court against the impugned judgment of the High Court of Punjab and Haryana at Chandigarh in FAO No.5816 of 2015 (O&M) partially allowing the appeal filed by the respondents (i) Chandigarh Administration and (ii) the Secretary, Information Technology, Chandigarh Administration under Sec. 37 of the Arbitration and Conciliation Act, 1996 (for short, "the Act"). The High Court, vide the impugned judgment, set aside the award of the Arbitral Tribunal dtd. 10/3/2012 and the order of the Additional District Judge, Chandigarh in Arbitration Case No.530 of 2013 dtd. 8/4/2015, thereby sustaining the respondent's action in forfeiting 25% of the bid amount, i.e. Rs.47.75 crores.

(3.) The respondents have filed Civil Appeal No.10490 of 2017 against the same impugned judgment on the ground that it did not allow the other claims raised by them, such as i) interest on delayed payment of Annual Ground Rent; ii) forfeiture of Rs.Five crores paid by the appellant towards the bid security; iii) recovery of performance security shortfall of Rs.Five crores along with interest; and iv) recovery of other miscellaneous expenses.