UNION OF INDIA Vs. SHRI T PANICKER

JUDGEMENT

(1.) THIS petition, under Section 34 of the Arbitration and Conciliation Act, 1996, has been filed by the Union of India to challenge the award dated 23.01.2003.

(2.) THE respondent Shri T.Panicker, Engineering Contractor, was awarded the work for the construction of additional Satellite Main Earth Station Antenna Room and duct covering at BSNL, Korattur, vide agreement dated 20.07.1998. THE contractor was to commence the work on 30.07.1998 and was required to complete on 29.11.1998. In the contract initially awarded, period fixed for completion of work was 10 months, which was, on mutual understanding, reduced to 4 months. THE contractor was able to complete the work only on 28.09.1999 i.e. with the delay of 10 months.

(3.) THE first respondent filed the following claims under different heads: Claim No.1 On account of increase in cost of construction beyond the contract period. Rs.1,08,800/- Claim No.2 On account of payment towards the extra items of building work. Rs.15,360/- Claim No.3 On account of payment towards extra work of 12mm thick cement plaster to the walls of Antenna Room. Rs.15,360/- Claim No.4 On account of additional payment towards extra item of PVC flooring in Antenna Room. Rs.6,400/- Claim No.5 On account of payment towards idle establishment charges beyond the contract period at site and office. Rs.2,56,600/- Claim No.6 On account of payment towards idle construction equipment charges during the prolonged period of contract. Rs.96,000/- Claim No.7 On account of payment towards centering materials idle charges during the period of 1 month. Rs.9,200/- Claim No.8 On account of payment towards extra lift charges over 3.5M height including compensation. Rs.8,200/- Claim No.9 On account of payment towards refund of withheld amount including compensation. Rs.6,000/- Claim No.10 On account of payment towards loss of profit and the value of the work reduced. Rs.65,280/- Claim No.11 On account of payment towards delayed payment of final bill security deposit withheld amount of 10cc claim. Rs.80,000/- Claim No.12 On account of refund of excess recovery towards cost of steel made from running mill including compensation. Rs.33,000/- Claim No.13 On account of cost of arbitration Rs.30,000/- Claim No.14 On account of interest......