GOVERNMENT OF TAMILNADU Vs. GMP INTERNATIONAL GMBH

JUDGEMENT

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

(2.) The case of the claimant is that the claimant's company is an internationally acclaimed company specialized in Architectural Consultancy practice. The First Respondent floated a tender for appointment of a consultant for the construction of the New Complex for the Tamil Nadu legislative Assembly at Omandurar Government Estate. The claimant declared as the successful bidder and was appointed as the consultant for providing Architectural consultancy services. For the purpose of executing the responsibilities, the claimant entered into a sub-consultancy agreement with M/s.Archivista Engineering Project Private Limited Company. The claimant has executed his work effectively and submitted his invoice dated 28.04.2011 to the third respondent. After the General elections in 2011 the second respondent took a policy decision to convert the newly constructed secretariat complex into Multi Speciality Hospital and a Medical College. Claimant made a consolidated claim of Rs.48,28,57,947.00 as on 13.11.2013, and also filed the O.P.No.388 of 2014.

(3.) The respondents have denied all the allegations and it is the contention of the respondents that the subject matter is subjudiced before the Commission of Inquiry and only after receipt of the said report, payment dues of claimant can be ascertained. That apart, the eligible claim worked out by the respondent to the claimant is only to the tune of Rs.10,31,15,407.00.