SHIAM CO Vs. M/S. KAMAL CONSTRUCTION CO.

JUDGEMENT

(1.) This petition under Sec. 34 of the Arbitration and Conciliation Act, 1996 ('Act') by Shiam Co-operative Group Housing Society Ltd. (hereinafter 'Society') challenges an Award dated 14th Dec. 2009 passed by the Arbitral Tribunal ('AT') in the disputes between the Society and the Respondent M/s. Kamal Construction Co. (hereinafter 'Contractor') arising out of an agreement dated 12th Sept. 2000 entered into between the parties for the work of construction of 120 dwelling units ('DUs') for the Society.

(2.) The date of commencement of the work was 21st Oct. 2001. The scheduled date of completion was 22nd Jan. 2004. The case of the Society is that the work got delayed and the contract was ultimately terminated on 23rd Feb. 2006. It is stated that the development work was withdrawn from the Contractor on 2nd Dec. 2003 and awarded to M/s. Veer Enterprises ('VE') by a letter dated 30th Dec. 2003. The Society further claims that payments were made by cheque to VE for the development work.

(3.) Disputes arose between the parties leading to the Contractor invoking the arbitration clause by a letter dated 24th March 2006. This led to the constitution of three Member Arbitral Tribunal ('AT') which entered upon reference on 28th April 2006. There were 13 claims filed by the Contractor and 2 counter claims filed by the Society.