M/S KAMAL CONSTRUCTIONS Vs. UNION OF INDIA

JUDGEMENT

(1.) The Appellant/original Claimant has challenged the order dated 19th July, 2005 passed by the learned single Judge whereby claim Nos.3 and 4 awarded by the learned Arbitrator have been set aside. The appellant is not pressing other claims.

(2.) Admittedly, the Appellant/original claimant has not led any oral and/or supporting evidence in support of the claims in question. Claim No.3 is for underutilization of resources. The contesting respondents resisted the same by a specific reply :

(3.) Claim No.4 was for extra expenses on overheads during the prolonged period. For this claim also there was no specific evidence led. The respondents resisted the claim. The documentary evidence so placed on record admittedly not proved as required. There was no admission and/or acceptance of these documents by the respondents at any point of time. The learned Judge therefore, considering both these claims and above position on record, has observed as under :