INDIAN STATISTICAL INSTITUTE Vs. A 2 Z CONSTRUCTIONS

JUDGEMENT

(1.) This appeal is filed under section 37(2) (a) of the Arbitration and Conciliation Act, 1996 seeking to impugn the order dated 6.4.2015 by which order the learned Tribunal concluded that the Arbitral Tribunal has no jurisdiction in the matter relating to arbitration between the parties.

(2.) The case of the appellant is that the work for construction of Mess Building, (Civil and Allied Work) was awarded to the respondent vide letter dated 7.2011. The total costs of the work after rebate was Rs.2, 71, 89, 805/-.

(3.) On 16.8.2011 a New Mess Building Construction Evaluation Committee was constituted to oversee and evaluate the work. Various observations about the adverse performance of the respondent were made by the Committee. It is the case of the appellant that the respondent has carried out the works with several irregularities. The respondent is also said to have taken excess payment of Rs.84, 51, 625/- which he has been asked to return to the claimant alongwith other expenses.