U.B.SHETTY Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) These Commercial Appeals are filed by the common appellant namely, Shri U.B. Shetty, under Sec. 13(1)(A) of the Commercial Courts Act, 2015 read with Sec. 37(1)(c) of the Arbitration and Conciliation Act, 1996. The Appellant is aggrieved by the individual Judgments, all dtd. 30/6/2022 passed in Comm. A.S. No.113/2019, Comm. A.S. No.114/2019, Comm. A.S. No.115/2019, Comm. A.S. No.116/2019 and Comm. A.S. No.117/2019 respectively, by the Learned LXXXV Addl. City Civil and Sessions Judge (Commercial Court) at Bengaluru, dismissing each of the said Arbitration Suits filed by the Appellant/Contractor, under Sec. 34 of the Arbitration and Conciliation Act, 1996.

(2.) The brief facts of the cases necessary for adjudication, are as under:

(3.) The Appellant / Contractor, was said to have prevented from performing the Contract and completing the works assigned on time due to the failure on that part of the Respondents / Government in handing over the project site to the Appellant / contractor. The Appellant/contractor made several representations to the Respondents/Government, pursuant to which the matter pertaining to the escalation of amounts claimed by the Appellant was placed before the Project Governing Board during its 25th Meeting on 17/8/2002. In the said meeting, a decision was taken in favour of the Appellant that instead of terminating the contract and entrusting the works to some other contractor, the Appellant could be permitted to continue with the work and to try and complete the works by 31/3/2003, after negotiating the rates with the Appellant/contractor.