HALDIA DEVELOPMENT AUTHORITY Vs. KONARAK ENTERPRISE

JUDGEMENT

(1.) Both the above applications under Sec. 34 of the Arbitration and Conciliation Act, 1996 (for short, "the 1996 Act"), having arisen out of the self-same award, as subsequently corrected under Sec. 33 of the 1996 Act, are taken up together for analogous hearing.

(2.) The genesis of the case is a work order awarded to the contractor, M/s. Konarak Enterprise (hereinafter referred to as the "claimant") by the Haldia Development Authority (hereinafter referred to as the "respondent"), on the basis of a tender in which the claimant came out successful, for construction of a road from Gholpukur to Tekhali Bridge via Amdabad High School, Haldia and maintenance of the said road.

(3.) Disputes having arisen between the parties arising out of the said contract, the claimant referred the matter to arbitration, seeking refund of security deposit and earnest money which was deposited at the inception by it, whereas the respondent filed a counter claim before the Arbitral Tribunal for recovering the risk and cost expenses, which was the balance amount paid to the subsequent contractor for completion of the work left unfinished by the claimant.