STATE OF MAHARASHTRA Vs. BHARAT CONSTRUCTIONS

JUDGEMENT

(1.) The State of Maharashtra, through the Chief Engineer (Special Projects), Public Works Department, Mumbai and the Executive Engineer, Public Works Department, Thane, have filed the present petition under Sec. 34 of the Arbitration and Conciliation Act, 1996, to challenge Award dtd. 29/3/2002, passed by the arbitral tribunal constituted in terms of arbitration agreement executed between the parties.

(2.) The arbitration proceeding had to be undertaken in the light of disputes that arose between the parties pertaining to the project of Bhiwandi-Wada Road and Palghar-Manor-Wada Road. The bid offered by the respondent was accepted for the aforesaid project and on 1/11/1990, work order was issued in favour of the respondent. As per the agreement executed between the parties, the respondent was required to complete the work in 30 calendar months, to be reckoned from 1/12/1990. It is an admitted position that the work was delayed and the petitioners granted extension of time for completion of work to the respondent and it is in the backdrop of the aforesaid events that the disputes arose between the parties, as regards the amounts due and payable to the respondent.

(3.) Eventually, the matter went to arbitration before a arbitral tribunal consisting of three learned arbitrators. The respondent raised various claims that were adjudicated by the tribunal. On 29/3/2002, the impugned award came to be passed, wherein one of the learned arbitrators pronounced a dissenting award. The majority arbitrators partly upheld the claims of the respondent.