LAWS(DLH)-2022-11-53

G.D. BUILDERS Vs. KLJ DEVELOPERS PVT. LTD

Decided On November 01, 2022
G.D. Builders Appellant
V/S
Klj Developers Pvt. Ltd Respondents

JUDGEMENT

(1.) A petition under Sec. 11(6) of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as "the Act") has been filed for appointment of the Arbitrator.

(2.) It is submitted in the petition that respondent sister concern M/s KLJ Town Planners Pvt. Ltd. had invited tender for "Residential Group Housing Project at Sector-77, KLJ Greens, Village Neemka, Faridabad, Haryana". The petitioner was declared as successful bidder. Respondent had issued a letter of intent bearing ref.no. KLJ/TP/FBD/2007-08/04 dtd. 9/1/2008 on total contractual amount of ?27,95,05,150/-. The fresh work order no. KLJ/TP/FBD/2007-08/05 dtd. 15/2/2008 was issued by the respondent to the petitioner which contains the terms and conditions oi this work. As per Clause 7 of the Work Order dtd. 15/2/2008, the period of completion of work was 30 months i.e. from 1/3/2008 to 31/8/2010. The defect liability period was 12 months from the date of handing over of the complete site in terms of clause 2 of letter of intent. the work was not commenced as the drawing for excavation was given by the respondent company on 1/5/2008 and setting layout plan, column layout plan and reinforcement details were given on 17/5/2008 and 2/6/2008 respectively, therefore, there was delay in execution of work from 1/3/2008 to 2/6/2008, which was attributed to the respondent company. Till 17/3/2015, the rates/scope and value of the contract were revised 20 times and the contractual amount increased to ?40,29,33,712/-.

(3.) The petitioner had completed the entire work on 30/4/2017 and even prior to that handed over some towers, and the remaining towers were handed over before 10/5/2017. The petitioner had also completely removed its T&P and materials from the site between 10/5/2017 to 15/5/2017.