(1.) APPEAL No.513 of 2011 is directed against the judgment and order dated 16 June 2011 of a learned Single Judge of this Court dismissing Arbitration Petition No.209 of 2008 of the appellant herein under section 34 of the Arbitration and Conciliation Act, 1996 ('the Act'). In the said petition, the appellant had challenged the award dated 23 February 2008 of learned Arbitrator Mr.Justice V.P.Tipnis (Retd.). The other appeals are directed against orders passed in interlocutory applications.
(2.) THE appellant is a company incorporated under the provisions of Companies Act, 1956. The respondent-State of Maharashtra owns a building known as "New Gokuldas Tejpal Hospital" (hereinafter referred to as "G.T. Hospital" or "Hospital Building"). The respondent State also owns land near the said hospital building at Lokmanya Tilak Marg, Mumbai. The State Government got constructed the said "G.T.Hospital" building of ground floor plus 12 floors with total built-up area of 2,53,645 sq.ft. by a contractor called M/s.Puri Construction.
(3.) THE appellant filed statement of claims and the respondent-State filed written statement and additional written statement. On the basis of pleadings, the learned Arbitrator by consent of the parties, framed 15 issues which will be referred to hereinafter. The parties filed various documents. On behalf of the appellant-claimant only one witness was examined viz its Director Mr.Anil Vadudev Kamat. On behalf of the State also, only one witness was examined viz Mr.G.S.Gill, Principal Secretary to State Government. Learned Arbitrator thereafter heard the parties and made his award on 23 February 2008.