AMBIKA CONSTRUCTION CO Vs. UNION OF INDIA

JUDGEMENT

(1.) The Petitioners who are the original claimants have challenged the award dated 29 September 2008 passed by the learned Arbitrator whereby the part claims have been allowed. Therefore, the present Petition under Section 34 of the Arbitration and Conciliation Act, 1996 (for short, the Arbitration Act) for the remaining claims/amount.

(2.) The nature of the work was of Construction of Plant Quarantine Laboratory at Sewri, Mumbai. The costs of the work was 37,85,053/ . The work was to commence from 29 August 2002 and supposed to be completed within six months i.e. on or before 28 February 2003. As per the Petitioners claimants the drawings were given in part. The complete set of drawings was not provided to complete the work in stipulated period. The drawings were amended from time to time. The Respondents delayed the payments also. That delayed the progress of the work. Therefore, for one reason or other and also because of default of both the parties the work could not be completed within the stipulated period. By agreement the time was extended and accordingly the work was completed. However, there arose certain disputes between the parties. Therefore, the Arbitrator was appointed.

(3.) The Petition was filed before the Arbitrator on 30 August, 2006 for 14 claims. Respondent No.1 resisted the claim in every aspect and raised a counter claim of costs of Arbitration amount also. Both the parties agreed and proceeded accordingly to the Arbitration Act which is the governing and binding law, apart from the terms and conditions of the contract.