MAHANAGAR TELEPHONE NIGAM LTD Vs. DOLCHAND KALLAJI

JUDGEMENT

(1.) THE Petitioner has challenged Award dated 6 January 2009 passed by the sole Arbitrator appointed as per the provisions of the Contract between the parties as there arose dispute with regard to the due payment for the work done by the Respondent.

(2.) THE Petitioner is a Central Government Corporation and Public Sector Undertaking. The Respondent is a contractor carrying on the construction work of reinstatement of trenches. The Petitioner appointed the Respondent for carrying out the work of reinstatement of cable trenches and allied works in view of the tender for the year 19971999. An agreement was accordingly entered into on 12.11.1997. The various work orders were issued during this period for the same, for the different area offices of the Petitioner. The Respondent carried out the work under the supervision and instructions from time to time and accordingly submitted the bills and received part payment also.

(3.) THE Petitioner withheld certain bills/last final bills, because of alleged noncompliance of terms and conditions; and for submission of documentary evidence in respect of the completion of work; and mainly on the ground of pendency of Vigilance (CBI) investigations. The Petitioner's case was that by letter dated 2.8.1999 the Vigilance Department informed the Petitioner's office that 41 bills of RI work carried out by various contractors, including bills of the Respondent in Mumbai were held up for investigation. It is alleged that the works have not been carried out by the Respondent as well as by other contractors. The Respondent replied and resisted the same by letter dated 4.2.2000 stating that they have already completed the work long back. They objected to the order to reenter private party to dig the trenches all over. Admittedly, the Petitioner did not pay the bills raised by the Respondent in view of this. The criminal cases are still pending.