MAHAVIR PRASAD JANGID Vs. ECGC LIMITED

JUDGEMENT

(1.) Called out from final hearing board. Heard learned counsel for parties finally.

(2.) This is an appeal under Section 37 of the Arbitration and Conciliation Act, 1996, (for short "Arbitration Act") against the judgment of a learned Single Judge dated 7th July 2011 whereby the Section 34 Petition filed by the appellant (contractor) was dismissed, rejecting all claims on the ground of limitation.

(3.) The disputes arise out of an agreement between parties for carrying out renovation work at the Respondent's office premises. The Appellant (claimant -contractor) completed the work and was issued a certificate of completion on 29 June 2001. On 22 January 2001 the Appellant submitted his final bill. The Respondent made part payments on 6 June 2001 and 12 September 2001. As there arose disputes for non-payment of the balance amount, the Appellant invoked the arbitration agreement forming part of the contract on 2 September 2003 for balance payment of Rs. 1,48,79,957/-. There were negotiations between the parties in pursuance to the demand notice. The last part payment was made on 15 October 2004. As there was no further payment forthcoming from the Respondent, the Appellant issued another notice dated 1 August 2005, for a balance claim of Rs. 1,75,59,320/-.