DHOOT DEVELOPERS PVT LTD Vs. TOTEM INFRASTRUCTURE LTD

JUDGEMENT

(1.) Present Petition has been filed under Section 34 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the 'Act') for setting aside the impugned Award dated 04.03.2017 passed by the Arbitral Tribunal comprising of a Sole Arbitrator whereby the Tribunal allowed some claims of the Respondent herein and rejected all the counter claims of the Petitioner herein. The Petitioner herein was the Respondent before the Tribunal and is being referred to as the Petitioner while the Respondent who was the claimant is being referred to as Respondent for the sake of convenience.

(2.) Before adverting to the contentions of the parties, it is necessary to give a brief narrative of the facts. Petitioner is a Joint Venture of Dhoot Developers Private Limited and Bengal Silver Spring Project Limited and both are Companies incorporated under the Companies Act, 1956 and engaged in the business of executing Civil Construction Contracts.

(3.) Petitioner - JV was awarded a contract by the DG-MAP (Ministry of Defence) for the work of "Construction of Dwelling Units including Allied services for Officers, JCOs /ORs at Gandhi Nagar, Chiloda and Ahmedabad on 11.11.2010 with completion period being 25 months, commencing on 11.11.2010 and ending on 10.12.2012 (hereinafter referred to as 'Master Contract').