SHAH JAGSHI JETHABHAI Vs. J N CONSTRUCTION

JUDGEMENT

(1.) The Petitioner original Respondent, has challenged under Section 34 of the Arbitration and Conciliation Act, 1996 (for short, the Arbitration Act), the impugned award dated 16 January 2009 passed by the sole Arbitrator.

(2.) The operative part of the award is as under:

(3.) The Petitioner s firm at the relevant time, doing the business of construction. The Respondent is a Civil Contractor. The Respondent was engaged for construction of a building on the terms and conditions recorded in the letter dated 15 May 2002. The work was not completed for various reasons within stipulated time. The same was completed on 30 April 2005. The final bills were paid accordingly. However, the Respondent (Claimant) demanded further amount on the basis of alleged unpaid bill and the compensation for delays. The Petitioner by letter dated 7 June 2005 resisted the said demand. Therefore, the Respondent in view of the agreed arbitration clause, filed a Petition on 23 June 2005 under Section 11 of the Arbitration Act for appointment of an Arbitrator. The Arbitrator was appointed by the Court on 25 August 2006.