ROLTA INDIA LIMITED Vs. VOLTAS LIMITED

JUDGEMENT

(1.) By this petition under Section 34 of the Arbitration and Conciliation Act 1996 (for short 'Arbitration Act 1996) the petitioner seeks that the portion of the interim award dated 26 th July, 2012 declared by the arbitral tribunal rejecting the counter claims made by the petitioner on the ground of limitation be set aside.

(2.) The learned counsel for the parties submitted that facts and issues involved in these petitions are identical and can be disposed off together. Therefore, by consent, both the petitions were heard together finally and are being disposed of by this common order. Some of the facts which are relevant for the purpose of deciding these two petitions are as under :

(3.) By an agreement dated 22 th July 2001 entered into between the etitioner and respondent, the respondents agreed to construct two new buildings and to carry out modification of the existing building owned by the petitioner. On 20 th June, 2012 the petitioner released two work orders to the respondent for supply of 100 TR imported Air cooled Screw Chiller for Rs.1,18,62,200/- and for erection, commissioning, testing and handing over a chiller amounting to Rs.1,06,37,800/-. By letter dated 3 rd December, 2004 the petitioner terminated the construction agreement including modification made by third addendum dated 27 th January, 2004. The Petitioner notified the respondent that they would assert all its rights under the Agreements/Addenda, claiming compensation and damages and for having the project completed by third party/parties. By letter dated 9 th December, 2004, the respondent denied any delay on its part and contended that the termination of the agreement by the petitioner was illegal. It is the case of the petitioner that by its letter dated 10 th December, 2004, it asserted rights under clause 36.3 of the contract and asserted the right to recover damages from the respondent.