LAWS(DLH)-2015-7-311

VIRENDER KUMAR JAIN Vs. BHARAT HEAVY ELECTRICALS LTD.

Decided On July 21, 2015
VIRENDER KUMAR JAIN Appellant
V/S
BHARAT HEAVY ELECTRICALS LTD. Respondents

JUDGEMENT

(1.) CM No.12648/2015 (exemption) Exemption is allowed subject to all just exceptions.

(2.) The parties had entered into an agreement on 30.04.2007 for execution and handing over of civil works for yard and control room building of 220/33 KV S/Stn at Masjid Moth in New Delhi. We need not refer to the other details of the contract. The only point urged by the learned counsel for the appellant is that Claim No.3 raised by the appellant before the learned Arbitrator had not been considered and that even the agreed upon and accepted items were not paid for. The learned Single Judge has examined this aspect of the matter in detail in paragraphs 12, 13 & 14 which are reproduced herein below:-

(3.) Apart from this, we have also seen the order passed by the learned Arbitrator on the aforementioned application under Section 33 of the said Act whereby the appellant had sought clarifications in respect to Claim No.3. Paragraph 3 of the said order, which is dated 14.04.2013, is reproduced herein below:-