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2021 Supreme(Kar) 188

ABHAY S.OKA, SURAJ GOVINDARAJ
Union Of India Represented By Executive Engineer Bangalore Central Division Iii Central Public Works Department – Appellant
Versus
Warsaw Engineers No. 3/89 – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Shri Kumar M.N, CGC
For the Respondent:Shri Rajasubramanya Bhat, Advocate

JUDGMENT :

On the last date, we have heard the submissions of the learned counsel appearing for the appellant and the learned counsel for the respondents.

2. By this appeal preferred under sub-section (1A) of Section 13 of the Commercial Courts Act, 2015 (for short, "the Commercial Courts Act"), the appellant has taken an exception to the judgment and order dated 25th September 2020 passed by a learned Judge of the Commercial Court at Bengaluru. By the said judgment and order, a petition filed by the appellant under Section 34 of the Arbitration and Conciliation Act, 1996 (for short, "the said Act of 1996") has been dismissed.

3. The challenge in the petition under Section 34 of the said Act of 1996 was to the award dated 1st February 2016 made by the learned Sole Arbitrator. The arbitration clause was incorporated in the agreement dated 22nd August 2007 concerning construction of Aircraft hanger and associated facilities at Belur Campus, Bengaluru consisting of various works. The dispute was as regards the amount payable to the respondents for the work carried out. The dispute was referred to the learned Arbitrator.

4. The learned Arbitrator granted the claims made by the responden

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