(1.) THE above original petitions are filed by both the parties before the Arbitral Tribunal under Section 34 of the Arbitration and Conciliation Act, 1996 (for brevity, "the Act") challenging the arbitral award dated 22.5.2008. While O.P.No,487 of 2008 is filed by the respondent before the Arbitral Tribunal/Employer, O.P.No,568 of 2008 is filed by the claimant before the Arbitral Tribunal/Contractor. In these petitions, the claimant before the Arbitral Tribunal is termed as "the Contractor", while the respondent before the Arbitral Tribunal is termed as "the Employer".
(2.) IN the impugned award, which is questioned in these petitions, the Arbitral Tribunal, while considering Claim No.11 in respect of non-payment of monthly INterim Payment Certificates (IPCs) certified by Engineer relating to the works executed by the Contractor, has found that the claim is factually, contractually and legally justified and passed the following award:
(3.) ACCORDING to the Employer, on scrutiny of the Interim Payment Certificates (IPCs) submitted by the Contractor and after audit, it was found that excess payments have been made to the Contractor on account of erroneous certification by the Engineer and misinterpretation of the contract. The Employer has not admitted its liability to pay in respect of the certified Interim Payment Certificates Nos.38 to 56. ACCORDING to the Employer, the dispute regarding the alleged non payment of Interim Payment Certificates Nos.38 to 56 have arisen in 2001-2002. The Contractor issued notice under Section 21 of the Act for referring the dispute to arbitration in respect of the said non-payment. It was the case of the Employer that the said claim is barred by limitation and even though the Interim Payment Certificates have been certified by the Engineer, the Contractor is not entitled to the said amount due to the reason that the certificates have been issued against the terms of the contract and law.
ABOUT US "REGENT COMPUTRONICS PVT. LTD." is a Company incorporated in 1991 under the provisions of the Companies Act, 1956. Since its inception to 1995, the Company was busy in carrying out the activities related to various Banks' Job Work..
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