GSR VENTURES PVT. LTD Vs. STATE OF MIZORAM

JUDGEMENT

(1.) Heard Ms. S. Bhattacharjee, learned counsel for the appellant. Also heard Mrs. Mary L. Khiangte, learned Government Advocate, appearing for all the respondents.

(2.) The appellant is aggrieved by the Order dtd. 27/9/2023 passed by the District Judge, Aizawl dismissing Arbitration Case No. 4/2022 as infructuous. The Arbitrator in Arbitration Proceeding No. 5/2020 had allowed several of the claims of the appellant while rejecting others, vide Arbitral Award dtd. 30/5/2022. The appellant had prayed for execution of the claims that had been allowed by the Arbitrator vide Execution Case No. 11/2023. The same was allowed vide Order dtd. 11/8/2023. With regard to the claims that had been rejected by the Arbitrator, the appellant challenged the rejection under Sec. 34 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as "the 1996 Act"), vide Arbitration Case No. 4/2022. However, the same was dismissed vide order dtd. 27/9/2023 on the ground that the arbitral award had been executed vide Execution Case No. 11/2023.

(3.) The genesis of this appeal under Sec. 37(1)(c) of the 1996 Act is that the appellant had been awarded the contract work for construction of Rawlbuk to Lungtian Road (0/1000-14/000) Kmp-(SH:Cell Fitted Concrete Road). The appellant's contract was terminated by the State respondents. As a dispute arose between the parties in respect of the said contract, an application under Sec. 11 of the 1996 Act was filed in this Court, vide Case No. Arb.P. 5/2019. This Court disposed of Case No. Arb.P. 5/2019, vide judgment dtd. 12/3/2020, appointing a sole Arbitrator to decide the dispute between the parties.