BVG INDIA LIMITED Vs. VIJAI ELECTRICALS LIMITED

JUDGEMENT

(1.) This appeal is preferred under Section 13 of the Commercial Courts, Commercial Division and Commercial Appellate Division of High Courts Act, 1915 r/w. Section 37 of the Arbitration and Conciliation Act, 1996, by the appellant challenging the order dt.26.08.2019 in COP.No.68 of 2018 passed by the Judge, Commercial Court-cum-XXIV Additional Chief Judge, City Civil Court, Hyderabad, in an application filed under Section 9 of the Arbitration and Conciliation Act, 1996 filed by the appellant.

(2.) On 03.10.2008, the Maharastra State Electricity Distribution Company Limited (MSEDCL) entered into a contract with the 1st respondent for execution of the design, test, supply, transport, construction, erection, testing and commissioning of sub-transmission lines, distribution lines, new sub-stations, augmentation of existing sub-stations, distribution of transformers of varying capacities and other allied works for the works under the Infrastructure Plan Phase-I ( project on 'Turnkey' basis under bid package No.CE(Dist)/Infra Plan-I/Mumbai/07-08 for tender No.T-16 for works in Baramati, Kedgaon, and Manchar Divisions under Pune Rural Circle of Pune Zone pursuant to a letter of Award in favour of the 1st respondent granted on 05.09.2008.

(3.) The total value of the works was Rs.273.53 Crores and the work was to be executed in 48 months. Later the value of the work was enhanced to Rs.300.33 Crores.