SURYA CONSTRUCTION Vs. STEEL AUTHORITY OF INDIA

JUDGEMENT

(1.) This appeal filed under Sec. 37 of Arbitration Conciliation Act, 1996 (for short "the Act") arises from order dtd. 10/7/2017 passed by the learned Single Judge in an arbitration petition filed under Sec. 34 of the 1996 Act.

(2.) The learned Judge by the impugned order did not find any merit in the arbitration petition. The arbitration petition was against the Award dtd. 19/6/2016 passed by the Arbitral Tribunal to the extent that the Arbitral Tribunal rejected the claim of the appellant as more particularly set out in Exhibit A-1 to the Petition. The claims that were rejected by the Arbitral Tribunal were under two heads. The first head was for claim of less supply (calculated at 80% of Estimated Quantity in 33 months) for an amount of Rs.80,88,015.00. In the alternative, a claim was made for reimbursement / recovery of unrecovered expenses / costs in the amount of Rs.99,04,779.00.

(3.) It is apposite to set out the facts in brief. The appellant / original claimant is a proprietary firm engaged in the business of Civil Construction. The respondent, steel authority of India Ltd., is a Government of India undertaking engaged in the production, distribution and marketing of steel throughout India.