SUVIDHA PARKLIFT LTD Vs. NATIONAL COMPANY

JUDGEMENT

(1.) This Original Petition is filed under Section 34 of the Arbitration and Conciliation Act, 1996 challenging the Award passed by the sole Arbitrator in favour of the claimant.

(2.) The brief facts leading to file this Original Petition is as follows:

(3.) It is the contention of the Respondent that the contract specified the delivery period of puzzle parking system spread over to be 6 to 9 months and the system were to be delivered in batches. The system had to be installed in the basement which pre-supposed the completion of civil and electrical works by other contractors and handing over the site to the petitioner for their execution. It is their contention that as the site was not handed over, delivery could not be made. It is their further contention that tripartite agreement dated 13.09.2010 between the claimant, petitioner and Kocon India Ltd.,the amount payable to the Petitinerwas Rs.98,00,000/-. To avoid the payment of balance amount, the claimant engaged another contractor on 27.01.2011 by paying a paltry amount of Rs.7,24,000/-and terminated the contract with the petitioner on 28.01.2011. In a nutshell, it is the contention of the Respondent that the claimant has not handed over the site as per the agreement within the stipulated time. Even after the completion of the 10 systems, the claimant expressed its inability to take charge of the same, as the site was not ready to put the system into operational condition. Besides, they entered into contract they have also filed counter claim towards compensation and damages to the tune of Rs.5,99,74,747/-.