VIJAYPOWER GENERATORS LTD Vs. UNION OF INDIA

JUDGEMENT

(1.) IN these proceedings, the plaintiff seeks filing of an arbitration award dated 10. 9. 1995; the defendants have filed objections to the award being i. A. 1026/1999. Initially, there was a controversy as to whether the respondents had filed objections within the stipulated time; however, that was set at rest by the order of this Court dated 13th November, 2007 whereby their application under Section 5 of the Limitation Act was accepted on condition of their paying Rs. 10,000/- as costs.

(2.) THE facts as emerging from the pleadings are that the petitioner was awarded a contract towards "supply and errection of 2x100 KVA D. G. Set for 50 KW sw (Short Wave) AIR Transmitter" at Srinagar, in Jammu and Kashmir. A condition in the contract i. e. Clause 25 stipulated that disputes between the parties would be adjudicated by an Arbitrator. The contract was awarded on 29. 8. 2007. It required completion of the supply and errection of agreed equipments within five months.

(3.) THE petitioner sought reference and preferred 9 heads of claims including withholding of balance amount of Rs. 1,24,335/- payable from the final bill (Claim No. 1), interest on that amount at 24 per annum for the period 18. 10. 1988 to 17. 12. 1991 (Claim No. 2); loss of interest (Claim No. 3); differential Sales Tax amounts at 6% on the basis of a stipulation in the contract (Claim No. 4) for the sum of Rs. 29543/- with interest and other claims towards interest loss on three bank guarantees (Claims 5 to 7) and counsel's fee at Rs. 10,000/- being Claim No. 9. The Arbitrator made and published his award on 10th September, 1995. In its terms, the petitioner claimant succeeded in part in Claims 1 and 2 were allowed to the extent of Rs. 67,140/- and interest on that amount for a period 5. 6. 1989 to 17. 12. 1991, was granted. The other claim awarded was Claim No. 4 to the extent of 50%; the amount quantified was rs. 31,390/ -. The Arbitrator declined all other claims.