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2011 Supreme(Bom) 87

ANOOP V.MOHTA
Union of India – Appellant
Versus
Arctic India – Respondent


Advocates Appeared:
For the Petitioner:S.R. Rajguru i/by Ms. Anamika Malhotra, Advocates.
For the Respondents:Zal Andhyrujina i/by M/s. Thakore Jariwala & Co., Advocates.

Judgment :

The Petitioner has challenged an award dated 28th March, 2007, amended on 19th April, 2007 passed by the sole Arbitrator (The Chief Engineer, Pune) in the matter of disputes pertaining to contract for replacement of Central Air-conditioning Plant at Wecors at Naval Dockyard, Mumbai. By the impugned award, the Arbitrator has rejected the counter claim of the Petitioners and granted claims as raised by the Respondent (Original-Claimant). The necessary dates and events are as under:-

2. On 04.01.1996, tenders were invited for replacement of Central Type AC Plant at Wecors Naval Dockyard Bombay in Appendix of Schedule of which item to be provided was Semi Harmatic Water Chilling Package make Of Voltas/ Blue Star/ Danham Bush each of 175 Tone Capacity complete with Rotorary Secre Compressor using refrigerant HCFC-22 etc.

3. On 15/06/1996, the Respondent tender was accepted for the work Rs. 2,85,83220/-. Work order No. 1 dated 2nd July, 1996 was issued recording that site was handed over on 4th July, 1996/ date of commencement 4th July, 1996 and date of completion 3rd May, 1997. The same was accepted and signed by the Respondents.

4. On 08/08/1996, the Respondents informed that





















































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