THE BOARD OF TRUSTEES OF THE PORT OF MORMUGAO Vs. M/S VISHAL INFRASTRUCTURE LTD., A COMPANY INCORPORATED UNDER THE PROVISIONS OF THE COMPANIES ACT 1956, HAVING ITS REGISTERED OFFICE AT NO.1, 225/A, ANUGRIHA APARTMENTS, RUKMINI DEVI COLONY, WEST MARREDPALLY, SECUNDERABAD

JUDGEMENT

(1.) This is an appeal under Section 37 of the Arbitration and Conciliation Act, 1996 (Act, for short), challenging the judgment and order dated 19.10.2010, passed by the learned District Judge, South Goa, Margao in Arbitration Application No. 10/2009. By the impugned judgment, the learned District Judge, has confirmed the award passed by the learned sole Arbitrator on 17.01.2009.

(2.) The respondent (the claimant before the Arbitrator), is a Company registered under the Companies Act and is inter-alia engaged in the business of major civil engineering construction activities. The parties had entered into an agreement dated 26.07.2001 (Agreement No. 297 of 2011), by which the contract for construction of a 100 bedded hospital at Headland Sada, was awarded to the respondent. The Work Order was issued on 10.04.2001. As per the terms of the agreement, the date of commencement was 26.04.2001 and the construction was to be completed within a period of 20 months i.e. by 25.12.2002. It is not in dispute that the actual work was completed on 07.03.2005 and thus, there was a delay of 261/2 months or 806 days. It is also undisputed that in respect of part of this delay i.e. 806 days, extension was granted by the appellant.

(3.) As disputes and differences arose between the parties, the matter was referred to the sole Arbitrator, in which the respondent raised various claims as under: <FRM>JUDGEMENT_280_LAWS(BOM)2_2017_1.html</FRM>