M.B.PATIL CONSTRUCTIONS LTD. Vs. EXECUTIVE ENGINEER

JUDGEMENT

(1.) These four writ petitions arise from a common award between the same parties and the dispute involved in all these writ petitions are identical, and therefore, with the consent of the learned Counsel appearing on both sides, all the petitions are clubbed, heard together and disposed of by this common order.

(2.) Brief facts of the case that would be relevant for the purpose of disposal of these writ petitions are, the petitioner herein was awarded four different contracts pursuant to the tender notification published by respondent no.1 and agreements were also executed by respondent no.1 in favour of the petitioner for the project - 'Improvements to Basavakalyan-Raichur Road' from KM 67 to 99.80 in Chittapur of Gulbarga District. Since there were certain disputes between the parties arising out of the contract, petitioner had approached this Court in CMP Nos.20005- 20009/2014 which was disposed of by this Court on 19/1/2015 appointing respondent no.2 as the Sole Arbitrator.

(3.) The learned Arbitrator had thereafter entered appearance and pursuant to the notices issued by him, parties have filed claim petition, statement of objections and also counter claim. The learned Arbitrator partly allowed the claim petition vide his common award dtd. 30/10/2018 and as against the said common award, respondent no.1 herein had filed four separate arbitration suits before the Principal District & Sessions Judge, Kalaburagi (hereinafter referred to as 'the Commercial Court') under Sec. 34 of the Arbitration and Conciliation Act, 1996 (for short, 'the Act of 1996'). Along with the suit, respondent no.1 had also filed an application under Sec. 5 of the Limitation Act for condonation of delay, if any, caused in filing the arbitration suit.