WAPCOS LTD Vs. JYOTI SARUP MITTAL

JUDGEMENT

(1.) The present petition is filed under Sec. 34 of the Arbitration and Conciliation Act,1996 for setting aside the Award dtd. 8/4/2014 passed by learned Sole Arbitrator, on disputes arising out of a contract for the work relating to 'Construction of WAPCOS Office Complex at 76 'C', Sector-18, Gurgaon'.

(2.) The respondent/claimant raised the following claims in the arbitral proceedings:- Claim No. 1 Claimants claim Rs.76,61,322.78 towards non-payment of final bill. Claim No. 2 Claimants claim Rs.6,12,066.22towards interest on nonpayment of final bill. Claim No. 3 Claimants claim Rs.6,09,802.29 towards interest on the delayed payments of 15th Running account bill. Claim No. 4 Claimants claim Rs.62,32,453.67 towards payment of balance amount of escalation. Claim No. 5 Claimants claim Rs.2,88,862.00on account of interest on delayed payments of running account bills from 1st to 14th R/A. Claim No. 6 Claimants claim Rs.78,88,313.70 on account of loss of profit due to non-completion of the project within the stipulation period of completion on account of non-fulfillment of contractual obligations by the WAPCOS. Claim No. 7 Claimants claim Rs.1,75,500.00 towards payment of item of 4 mm thick Fibre Doom not included in the Arrangement and was to be paid separately at the negotiated rate of Rs.1350.00 per sqm. Claim No. 8 Claimants claim Rs.1,13,40,000.00 towards damages on account of salary of staff, establishment and under utilization of T & P etc due to prolongation of the Contract beyond stipulated date of completion due to non-fulfilment of contractual obligation by the WAPCOS. Claim No. 9 Claimants claim Rs.33,11,128.00 on account of rise in market price of the labour and material for the work done beyond the stipulated period of completion. Claim No. 10 claimants claim Rs.10,00,000.00 towards refund of security deposit. Claim No. 11 Claimants claim for declaratory award that no action is warranted against the claimants under the clauses 63,72,43 of the Agreement. Claim No. 12 Claimants claim of interest @ 18% on the amount of the claims as under :-

(3.) The petitioner herein also preferred certain counterclaims. The impugned award, after carefully perusing the material and evidence on record, rejected most of the claims sought to be raised by the respondent and allowed only the following claims:- <FRM>JUDGEMENT_42_LAWS(DLH)12_2023_1.html</FRM>