GAIL GAS LTD Vs. PALAK CONSTRUCTION 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 Arbitral Award dated 30.09.2017 passed by the Sole Arbitrator adjudicating the disputes that have arisen between the parties in relation to the Contract/Letter of Award dated 01.07.2010 by which the petitioner had awarded the work for MDPE Pipeline Laying and Associated Works in City Zone Distribution (CGD) project of the petitioner in Meerut Region-2 to the respondent.

(2.) Before the Sole Arbitrator, the respondent had preferred 11 claims totaling Rs.2,46,81,168/-, while the petitioner had preferred nine counter claims totaling to Rs.70,07,547.61. The Impugned Award awards six out of eleven claims of the respondent and disallowed six out of nine counter claims of the petitioner, granting the following final relief to the respondent: "Relief : In view of my finding in above issues the Claimant is held entitled to a sum of Rs. 76,61,916.00 (as per amended claim) + Rs.5,85,000.00 + Rs.1,04,602/- + Rs. 1,22,400/- (to be collected from authority) + Rs. 45,04,000.00 +Rs. 7,33,634.00 with interest @ of 12% per annum pendent lite and future whereas the respondent is held entitled to a sum of Rs. 1,85,956.32 + Rs.2,09,000/- + Rs. 1,01,036.40 with interest@ of 12% per annum pendent lite and future to be set off against the amount awarded to the claimant with no order as to costs in the facts and circumstances of the case."?

(3.) The facts in brief that need notice of are that the petitioner had issued the Fax of Intent dated 26.06.2010 to the respondent accepting the tender submitted by the respondent for the above work. The estimated contract value for the works was Rs. 4,50,31,750/- and the completion period was prescribed as 16 months from the date of Fax of Intent.