SIMPLEX INFRASTRUCTURE LIMITED Vs. SIEMENS LIMITED

JUDGEMENT

(1.) The above Petition is filed by the Petitioner Simplex Infrastructures Limited against Respondent No. 1 Siemens Limited and Respondent No.2 IndusInd Bank Limited under Section 9 of the Arbitration and Conciliation Act, 1996 ("the Act"), inter alia, for the following reliefs:

(2.) The facts as narrated by the Petitioner in the Petition are briefly set out hereunder:

(3.) Mr. Seervai, the Learned Senior Advocate appearing for the Petitioner, has in his oral arguments reiterated the facts and submissions which are already set out hereinabove. Mr. Seervai also tendered a chart and submitted that the same along with the list of dates and events ex facie and conclusively demonstrates that the milestone summary (Page 110F) prepared by Respondent No.1 is totally false and misleading. He submitted that the said chart unequivocally establishes that (a) there were no delays in completion, at least none that were ascribable to the Petitioner; (b) that Respondent No. 1 had promised to pay additional amounts at 100 per cent or 75 per cent as an incentive for completion of work for the extended period; and (c ) that the Petitioner was not responsible for the delays.