BSC-C AND CJV Vs. CHIEF ENGINEER (PWD)

JUDGEMENT

(1.) Matter is taken up via Video Conferencing.

(2.) The instant petition before this Court under Article 227 has been filed seeking to set aside and quash orders dtd. 29/10/2021, 17/11/2021 and 10/12/2021 passed by the learned Commercial Court, Shillong in Commercial Case. No. 13/2021 initiated by respondents under Sec. 34 of the Arbitration and Conciliation Act, 1996. The petitioner is aggrieved by the exercise of jurisdiction by the learned Commercial Court in assuming jurisdiction by allegedly ignoring the provisions of Sec. 34 and 36 of the Act; and in passing the impugned orders which have deprived the petitioner from the fruits of the award. The main contention of the petitioner is that while an application under Sec. 33 was pending before the Arbitral Tribunal, the respondents filed an application under Sec. 34 before the learned Commercial Court which was taken up for consideration and orders were passed thereon, which according to the petitioner are illegal and without jurisdiction.

(3.) The factual background leading to the present dispute is that the petitioner was awarded a contract for 2 laning of Shillong - Nongstoin sec. of NH 44 E and Nongstoin- Rongjeng-Tura Road in the State of Meghalaya under Phase-A of SARDP-NE-NH 44-E and SR-MG-PWD-2010-11-172, and an agreement to this effect, was executed between the petitioner and the respondents on 21/2/2011. The initial contract price was fixed at Rs.1303.00 crores, but subsequently, due to variations and increase in the scope of work, the contract price was revised by the respondent through various Revised Cost Estimates and the contract price thereafter stood at Rs.2406.06 crores.