UNIQUE INTEGRATED TRANSPORT & MANAGEMENT CONSULTANCIES PVT. LTD. Vs. MAHANAGAR TELEPHONE NIGAM LTD. & ORS.

JUDGEMENT

(1.) THE Plaintiff has sued for recovery of Rs. 8,03,77,289/ - from the Defendants jointly or severally along with the interest and costs from the date of the filing of the suit till the date of realisation as would be awarded by this Court. The Plaintiff has averred that it was awarded contracts worth Rs. 2.14 Crores by Defendant No. 1 for construction of PVC Duct System for cables for telephones in Bombay area. The Plaintiff has made various allegations of how Defendants 2, 3 and 4 who are the officers of Defendant No. 1 sought to be corrupted and, since the Plaintiff did not surrender to their demands, made baseless claims against the Plaintiff.

(2.) THE Plaintiff has averred that 3 bank guarantees were given by the Plaintiff through Oriental Bank of Commerce and Federal Bank Ltd., towards the contracts of the Plaintiff. The guarantees expired. Thereafter they were wrongfully got extended by the Defendants and encashed. The Plaintiff has also averred that payments were withheld and the claims of the Plaintiff were adjudicated up to 21st June 1994.

(3.) THE defendants have claimed that the agreement between the parties was referable to arbitration and have been actually referred to arbitration so that the suit is not maintainable. The Defendants have set out the various Awards in the arbitration proceedings. The Defendants have set out 4 separate claims raised by the Plaintiff under the 4 separate agreements between the parties for which 4 separate awards came to be passed. The Defendants, therefore, claim that the suit is not maintainable. This claim is based upon the principle of res judicata.