R.V.RAVEENDRAN, H.L.GOKHALE
Oil & Natural Gas Corporation – Appellant
Versus
Wig Brothers Builders & Engineers Pvt. Ltd. – Respondent
JUDGMENT
R.V. Raveendran, J. —
Leave granted.
2. The appellant (also referred to as ‘ONGC’) entrusted a construction work to the respondent under a contract dated 11.10.1983. Clause 25 of the contract provided for settlement of disputes by arbitration. Certain disputes arose between the parties in regard to the said contract and they were referred to a sole arbitrator on 31.12.1986. The claimant made several claims aggregating to Rs.82,89,000/-. ONGC made counter claims aggregating to Rs.1,24,87,000/-. The arbitrator awarded Rs.9,50,000/- under the first claim, Rs.7,80,132/- under the second claim, Rs.4,77,129/- under fifth claim and several smaller amounts under claims 3, 4, 6 to 13, 15, and 17, in all aggregating to Rs.25,26,270/-. The arbitrator also awarded 12% pendente lite interest and 6% from the date of the award/decree. The counter claims were rejected.
3. The ONGC challenged the said award by filing a petition under sections 30 and 33 of the Arbitration Act, 1940 (‘Act’ for short). The civil court (Additional District Judge, Dehradun) dismissed the said petition filed by ONGC and made the award a rule of the court. ONGC filed an appeal before the Uttarakhand High Court. B
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