PRASAR BHARATI Vs. EISA LIFTS PVT LTD

JUDGEMENT

(1.) This petition under Section 34 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the "Act") has been filed by the petitioner challenging the Award dated 07.07.2014(hereinafter referred to as the "Impugned Award") passed by the Sole Arbitrator rejecting the counter claims of the petitioner, while granting the claims of the respondent to the extent of Rs.24,44,500/- plus interest thereon.

(2.) The petitioner by Letter of Award dated 31.10.2008 awarded the work for "Construction of Soochna Bhawan Phase-V at New Delhi (SHsupplying, installation, testing and commissioning of 4 nos. 20 passenger lifts)" to the respondent. The lifts were numbered as Lift Nos. 3, 4, 5 and 6. The period of completion of the work as per the Letter of Award was eight months, commencing from 18.11.2008 till 17.07.2009. The contract amount for the said work was Rs.1,01,00,000/-.

(3.) The petitioner placed a deviation order dated 29.01.2009 with the respondent for replacement of two more Lifts, that is, Lift no. 7 and 8. The petitioner agreed to pay Rs.25,00,000/- for each of these lifts, in addition to Rs.80,000/- for dismantling each of the existing lifts.