UNION OF INDIA Vs. LARSEN AND TUBRO LIMITED

JUDGEMENT

(1.) Heard Sri Vivek Kumar Singh, learned Senior Standing Counsel for Union of India on behalf of the appellants and Sri Swetashwa Agarwal, learned counsel for the respondent-claimant.

(2.) The appellants (herein) came out with a tender for modernization of Jhansi Workshop of North Central Railways. The bid of the respondent (herein) was accepted and tender was awarded to them and an agreement was executed on 27/1/2011 between the parties. As per the agreement, the original date of completion was 18/7/2012 but was extended by the appellants 10 times until 30/11/2015. During the course of execution of the work, certain dispute arose amongst the parties. As per the agreement, there was an arbitration clause. To settle the dispute amongst the parties, the claimant (respondent herein) submitted an application on 4/9/2017 for appointment of Arbitral Tribunal. As per Clause 64 (3) of General Conditions of Contract (GCC), and the Arbitral Tribunal with three member was formed.

(3.) The Arbitral Tribunal so constituted, entered into a reference and directed the parties to file their statement of claim, statement of defence, counter claim, rejoinder along with other relevant documents before the Tribunal in a time bound manner. The claimant filed statement of claim whereas the appellants filed a counter claim and also statement of defence to the statement of claimant filed by the claimant. The claim of the claimant as per the statement of claim were as follows:- <IMG>JUDGEMENT_81_LAWS(ALL)5_2023_1.jpg</IMG>