DSC LTD Vs. EARTHCON SYSTEM (I) PVT LTD

JUDGEMENT

(1.) This is a petition under Section 34 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as 'the Act') challenging the Award passed by the sole Arbitrator on 4.3.2015. By the impugned Award, the Arbitrator has allowed the claim petition and granted amounts to the respondent herein, claimant in the arbitration proceedings, for the value of the work done as also interest thereon.

(2.) The arbitrator framed the following issues:-

(3.) The Arbitrator then notes in the impugned Award that petitioner herein, respondent in the arbitration proceedings, has not cross-examined the witness of the claimant that no amount as claimed is payable. Arbitrator also notes that petitioner herein in spite of being given several opportunities did not lead evidence and ultimately the right of the petitioner herein to lead evidence was closed. Hence the claimant in the arbitration proceedings, respondent herein, proved its case and consequently the Arbitrator allowed the claim with respect to the work executed by the respondent herein under the Work Orders dated 14.7.2009 and 6.2.2010 and the Purchase Order dated 20.3.2010. While awarding Claim No.1 the Arbitrator has noted the exact measurement of work which was done as per the petitioner herein, and for such measured work only Arbitrator has allowed the Claim No.1. With respect to Claim No.1 Arbitrator awarded an amount of Rs.25,81,566/- for the work done. Arbitrator has thereafter awarded interest at 9% per annum and which in the opinion of this Court is a reasonable rate of interest.