LAWS(BOM)-2016-3-117

ICICI BANK LIMITED Vs. WELWAYS ENGINEERS (INDIA)

Decided On March 30, 2016
ICICI BANK LIMITED Appellant
V/S
Welways Engineers (India) Respondents

JUDGEMENT

(1.) By this petition filed under Sec. 34 of the Arbitration and Conciliation Act, 1996 (for short "the Arbitration Act"), the petitioner has impugned the arbitral award dated 30th December 2015 passed by the learned arbitrator allowing various claims made by the respondent. By consent of the parties, this arbitration petition was heard finally at the admission stage. Some of the relevant facts for the purpose of deciding this petition are as under : -

(2.) Some time in the year 2010, the petitioner floated a tender for awarding a contract for Civil, Plumbing & Sanitary & Road works for construction of ICICI Disaster Recovery Data Centre at Jaipur. The said contract was awarded by the petitioner to the respondent on various terms and conditions recorded in the contract entered into between the parties including General Conditions and Special Conditions of Contract.

(3.) Disputes arose between the parties. The respondent vide their letter dated 3rd August 2013 addressed to the petitioner listed their claims and referred the matter for decision of the petitioner as per clause 50.1 of the General Conditions of Contract regarding settlement of disputes/arbitration.