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2007 Supreme(Bom) 708

D.G.KARNIK, R.M.S.KHANDEPARKAR
Pawan Hans Helicopter Ltd. – Appellant
Versus
Messers Associated Construction – Respondent


Advocates:
Advocate Appeared
Shri S.U. Kamdar with Ms Chhaya Shah & Shri Sudeep Dasgupta i/b M/s. Bhasin & & Co. for the Appellants in both the
Appeals.
Sarvasri Pradip Sancheti with Karthik Somasundaram i/b M/s. Paras Kuhad & Associates for the Respondents in
both the Appeals.

JUDGMENT

(Per R.M.S.Khandeparkar, J.):

1. Since common questions of law and facts arise in both these appeals, they were heard together and are being disposed of by this common judgment.

2. Pursuant to the allotment of work for construction of compound wall and for construction of a bridge over a nullah to the respondents, respective work contracts were entered into between the parties. The work in both the cases was required to be completed within a specified time. However, since it could not be completed within the said period, the time for completion of the work was extended. Consequent to the dispute arising between the parties, same was referred to arbitration in terms of the arbitration clause in the agreements. The learned arbitrator had held that the respondents would be entitled to claim 15% escalation charges as against the 30% escalation charges claimed by the respondents for the period beyond the expiry of the contractual period. As the appellants herein were not satisfied with the awards, they preferred petition under Sections 30 and 33 of the Arbitration Act, 1940, herein after referred to as "the said Act", for setting aside of the award. Consequently, the awards were
































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