BHEL Vs. ZILLION INFRAPROJECTS PVT. LTD.

JUDGEMENT

(1.) NEENA BANSAL KRISHNA, J 1. The present Appeal under Sec. 37(1) (c) of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the "Act, 1996") has been preferred against the Order dtd. 10/11/2020 of the learned District Judge, Commercial Courts-03, Patiala House Courts dismissing the Objections preferred under Sec. 34 of the Act, 1996 against the interim Award dtd. 13/8/2020 passed by the learned Arbitrator.

(2.) Facts in brief are that the appellant invited Tender bearing No. BHEL/NR/SCT/GVKGOINDWAL/BOILER/709 for erection, testing, commissioning and trail operation of boilers, including ESP, rotating machines and piping of 2X270 MW Units (Unit I and II) at GVK, Goindwal Thermal Power Station, District Tarantaran, Punjab. The Contract was awarded to the respondent for an amount of Rs.380,000,000.00 vide Letter of Intent bearing No. BHEL/NR/SCT/GVKGOINDWAL/BOILER/709 (718) dtd. 9/7/2010.

(3.) Certain disputes arose between the parties under the Contract and the respondent/claimant Company invoked arbitration in terms of Clause 33 of the General Instructions to Tenders and Contract dtd. 9/7/2010 and an Arbitrator was appointed.