THE NHPC LIMITED AND ORS. Vs. ORIENTAL ENGINEERS

JUDGEMENT

(1.) Heard Mr. R.K.D. Choudhury, learned counsel appearing for the appellant. Also heard Mr. R. Husain, learned counsel representing the respondent/claimant.

(2.) This appeal has been preferred against the judgment and order dated 14/06/2012 passed by the learned District Judge, Kamrup, Guwahati in Misc. (Arb) Case No. 642/2008 dismissing the application filed by the present appellants under Sec. 34 of the Arbitration and Conciliation Act, 1996 praying for setting aside the arbitral award dated 29/09/2008 passed by the sole arbitrator. In order to appreciate the contentions of both the parties in this appeal, it would be apposite to briefly state the factual back ground of the case set out by the respective parties before the learned sole Arbitrator.

(3.) The respondent No. 1 was the claimant. The case of the respondent No1/Claimant before the Sole Arbitrator, in brief, is that it is a proprietorship concern represented by its proprietor Shri Kangkan Dutta and carries on business of Builders, Architect, Engineer and Designers under the name and Style of M/s. Oriental Engineers. Pursuant to a tender floated by the appellants, the work of earth filling for the Railway siding at Senchoa was awarded to the claimant for an amount of Rs. 1,37,61,881/ -,. Accordingly, an Award Letter dated 28/06/2004 was issued to the claimant whereafter, a contract agreement was also signed by and between the parties on 06/07/2004.