UNITY INFRAPROJECT LTD Vs. AIM CONSTRUCTION CO

JUDGEMENT

(1.) The petitioner has filed the present petition under Section 34 of the Arbitration and Conciliation Act, 1996 (hereafter "the Act"), inter alia, impugning the arbitral award dated 16.09.2015 (hereafter "the impugned award") rendered by the Arbitral Tribunal constituted of a sole arbitrator. By the impugned award, the Arbitral Tribunal has awarded a sum of Rs. 53,90,816/- alongwith interest at the rate of 12% per annum from 01.03.2012 till the date of the impugned award and further future interest at the rate of 18% per annum if the awarded amounts are not paid within a period of thirty days of the impugned award.

(2.) The petitioner claims that the impugned award is without jurisdiction and beyond the scope of the reference, as the Arbitral Tribunal has delivered the impugned award based on a Work Order dated 10.04.2008 issued by the petitioner, which was beyond the scope of reference made to the Arbitral Tribunal.

(3.) The petitioner is a company incorporated under the Companies Act, 1956 and has its registered office in Mumbai. The petitioner is engaged in the business of infrastructure development including execution of the works for Government organizations, public sector undertakings. The petitioner was awarded a contract in relation to remodeling and up-gradation of Major Dhyan Chand National Stadium, New Delhi. The petitioner invited quotations from the respondent for execution of sanitary and plumbing works related to the aforesaid project.