LAXMI PAT SURANA Vs. VOLTAS LTD

JUDGEMENT

(1.) This is an appeal under Section 37 of the Arbitration and Conciliation Act, 1996 ("the Act"). In this appeal, the appellant has challenged an order and judgment dated 6 December, 2018 ("impugned order") whereby the Learned Single Judge had dismissed an application filed under Section 34 of the Act challenging an award dated 28 March, 2017 ("impugned award") passed by the Sole Arbitrator.

(2.) The question before the Sole Arbitrator concerned a claim for price of goods sold and delivered and for services rendered. By the impugned award, the Arbitrator has directed the appellant to pay a sum of Rs.22,31,532.00/- alongwith interest @ 6% per annum from November 19, 2008 till realisation of its dues to the respondent.

(3.) Briefly stated, by a contract dated 7 April, 2007 the appellant had placed a work order for design, engineering, testing and commissioning of a water cooler type central air-conditioning system for a complex situated at Kharagpur. The respondent accepted the work order and by a letter dated 20 April, 2007 confirmed the value of the entire project at Rs.1,24,23,086/- subject to levy of statutory duties and taxes. The contract provided that the entire work was to be completed by the respondent by 30 June, 2007. The other terms and conditions of the contract stipulated that the respondent was to provide warranties/guarantees and satisfactory completion certificates upon completion of the said work and completion of a performance test. Admittedly, the respondent provided a handing over certificate on 21 August, 2008. The claim of the respondent before the Arbitrator was for price of goods supplied and delivered.