RENAISSANCE AQUA SPORTS P LTD Vs. HOTEL MARINA

JUDGEMENT

(1.) Present appeal is against judgment dated 22nd January, 2003 passed by Additional District Judge, Delhi, vide which petition of the appellant, under Section 34 of the Arbitration and Conciliation Act, 1996 (for short as "Act") was dismissed.

(2.) Brief facts are that appellant company is engaged in the business of supply, installation and commissioning of Health Club, Swimming Pools and their equipments etc. Respondent No.1, placed an order for supply and installation of certain health club equipments for their hotel at Agra. At the time of supply of first consignment the site was not ready for installation and commissioning of the equipments. The engineers and labour sent by appellant-company had to return back without doing any work.

(3.) On 20th April, 1999, engineers and technicians went to Agra for doing the work of installation, which was completed by appellant on 24th April, 1999. Appellant requested respondent No.1, to release the payment in respect of work done as well as the advance payment in respect of material left unsupplied, but respondent No.1 avoided the due payment to the appellant.