PRATIBHA INDUSTRIES LIMITED Vs. AMRUTHA CONSTRUCTIONS PVT. LTD.

JUDGEMENT

(1.) For the reasons stated in the application-I.A No.1/2025, the same is allowed. The delay caused in filing the appeal is condoned.

(2.) The appellant has filed the present appeal under Sec. 37(1)(c) of the Arbitration and Conciliation Act, 1996 [the A&C Act] impugning a judgment dtd. 12/2/2025 [impugned order] passed by the learned LXXXVII Additional City Civil and Sessions Judge, Bengaluru] [Commercial Court] in Com.A.P No.118/2024. The appellant had filed the said petition [Com.A.P No.118/2024] impugning an arbitral award dtd. 2/5/2024 [impugned award] rendered by an Arbitral Tribunal comprising of a former judge of this court [Arbitral Tribunal].

(3.) The principal controversy before the Arbitral Tribunal related to the appellant's claim for 2% of the total contract value in terms of Memorandum of Understanding dtd. 6/6/2017 [MOU] entered into by the parties. The appellant claimed that it was entitled to the said charges notwithstanding that it had not executed any work for performance of the contract awarded to the joint venture of the parties. The parties had also entered into a Joint Venture agreement [JV agreement] on 6/6/2017. It is the respondent's case that the JV agreement as well as the MOU are required to be read harmoniously as they embody the agreement between the parties. The learned Arbitrator had considered the disputes and had found in favour of the respondent. Accordingly, the appellant's claim for the 'sub contractor charges' was rejected.