UPADHYAY CONSTRUCTION PVT. LTD Vs. PRIMS INFRA PROJECTS

JUDGEMENT

(1.) Appellants have filed arbitration appeal against order dtd. 20/6/2020 passed by sole Arbitrator in Arbitration Case No. 119/2018.

(2.) The appellants, who were respondents No.2 and 3 before sole Arbitrator, moved an application under Sec. 17 of Arbitration and Conciliation Act, 1996 (hereinafter referred to as 'the Act of 1996' for brevity). Appellants in their application made a prayer that they executed work for which they have not received any payment, therefore, B.S.N.L.-respondent No.3 may be directed to pay remaining amount to appellants after retaining claim amount of Rs.1,25,94,574.00. Sole Arbitrator held that further payment by BSNL to appellants will complicate the matter and payment to be made by BSNL to appellants is crux of the issue. It was ordered that payment shall be made to appellants according to the outcome of the proceedings.

(3.) Appellants filed an appeal under Sec. 37 of the Act of 1996 before this Court challenging the aforesaid order. Notices were issued in this appeal and respondents on receiving notice, appeared and filed I.A. No. 2836/2021 for dismissal of arbitration appeal.