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2012 Supreme(Bom) 540

ANOOP V.MOHTA
Mahanagar Gas Ltd. – Appellant
Versus
Babulal Uttamchand & Co. – Respondent


Advocates Appeared:
For the Petitioner:Rajiv Kumar, Sr. Advocate a/w S.A. Bhalwal with Ms. Komal Patil i/b Vyas & Bhalwal, Advocates.
For the Respondents:C. Kapil a/w Ms. Shilpa Kapil, Advocates.

Judgment

1. The Petitioner, who is the original respondent has challenged, by petition under Section 34 of the Arbitration and Conciliation Act, 1996 (The arbitration Act) reasoned award dated 5th March, 2010 passed by the learned sole arbitrator.

2. The Petitioner awarded to the Respondent (the claimant) the work of Project Management and Construction of pipeline network for domestic supply of natural gas in the area of Santacruz by work order dated 12th October, 2002. It was for three years from the date of letter of acceptance. The value of the work was Rs.3,87,07,260.00. The Respondent accordingly mobilised requisite resources and invested huge amount. The Petitioner was responsible to provide gas connection to the individuals of area. The Respondent was required to enter into agreement with the customers. The Petitioner failed and neglected to provide gas to the customers though the pipeline work was completed by the Respondent. The delay in supply of gas was for about 18 months, resulted in non-payment by the customers and consequent non-payment for the work done to the Respondent by the Petitioner. The Respondent, therefore, suffered heavy financial losses because of breach



























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