High Court of Judicature at Bombay
ANOOP V. MOHTA, J.
Patel Engineering Co. Ltd.
Versus
B.T. Patil & Sons Belgaum (Construction) Pvt. Ltd.
Arbitration Petition No. 891 of 2010
Decided On : 04-04-2013
The Petitioner (Original Respondent) has challenged Award dated 25 January 2010, under section 34 of Arbitration and Conciliation Act, 1996 (for short Arbitration Act).
2 The operative part of the award is as under:-
“CLAIM NO.1:-
25 The claimant has claimed an amount of Rs.11,55,23,065/- being balance of the Award amount pertaining to Vol. I.
25.1. It is an admitted fact that, the Respondents have received Award amount of Rs.31,40,60,958/-towards Vol. I Award. As per the terms of the subcontract/ piece work contract the Respondent is entitled for margin/commission of 11.5%. The same works out Rs.3,61,17,010/-Thereby the share of BTP/SBP together works out to Rs.27,79,43,948/- Out of this BTP has received an amount of Rs.15,50,98,891/- leaving balance payable by Respondent to BTP and SBP which works out to Rs.12,28,45,057/-SBP has not at all received its share out of Vol. I Award and accordingly, in the claim statement, SBP has claimed its full share to the tune of Rs.5,37,17,487/- The details of the same are depicted in Annexure C-153 page-3, as well as in Annexure C-47. It is an admitted fact that the Respondents have not denied these calculations made available in Annexure C-153 nor produced any counter calculations against demands of the Claimant to defend the differences, if any. On the contrary, the Respondent's witness No. 2 Sri Muraleedharan, who is the accountant of the Respondent, who was examined as a witness has not denied the correctness of this computation, therefore, SBP is entitled for Rs.5,37,17,487/- for which separate award is being made. As stated herein supra, the total balance receivable by BTP and SBP aggregates to Rs.12,28,45,057/- If the claim of SBP is deducted from this amount the balance amount payable to BTP is Rs.6,91,27,570/- and this amount has to be awarded in favour of BTP along with the interest thereon at 18% p.a. from 15.06.2001 till the date of award. The interest subsequent thereto is awarded under the separate head of interest.
26. The Claimant BTP has claimed an amount of Rs.4,14,88,793/- being balance of the Award amount pertaining to Vol. II.
26.1 It is an admitted fact that, the Respondents have received Award amount of Rs.24,09,25,965/- towards Vol. II Award. As per the terms of the subcontract/ piece work contract, the Respondents are entitled for margin/commission of 11.5 %. This works out to Rs.2,77,06,486/- Therefore, the share of BTP/SBP together works out to Rs.21,32,19,479/- Out of this BTP has already received an amount of Rs.10,54,37,033/-The balance payable by Respondent to BTP and SBP works to Rs.10,77,82,446/- SBP has not at all received its share out of Vol. II Award and accordingly, in the claim statement SBP has claimed its full share to the tune of Rs.6,15,23,377/- The details of the same are set out in Annexure C-153 page-5 as well as in Annexure C48. Respondents have not denied these calculations made available in Annexure C-153 nor produced any counter calculations against demands of the Claimant to defend the differences, if any. On the contrary, the Respondent's witness No. 2 Sri Muraleedharan, who is the accountant of the Respondent, who was examined as a witness has not denied the correctness of this computation. Since SBP is entitled for Rs.6,15,23,377/-and a separate ward is being made in that regard the amount payable to BTP would be Rs.4,62,59,069/- This amount is legitimately due to BTP herein, as against their claim of Rs.4,14,88,793/- As the Claimant has claimed lesser amount than what is due to them the Claimant BTP herein is entitled for only Rs.4,14,88,793/-Along with the interest thereon at 18% p.a from 13.04.2000 till the date of award. The interest subsequent thereto is awarded under the separate head of interest.
CLAIM NO.3:
27. The Claimant BTP has claimed an amount of Rs.26,12,08,613/- towards its share of the Award amount payable to it under the Award of amount pertaining to Vol. IV and V. The details of the calculations are ma
State of Orissa Vs. Asis Ranjan Mohanty) (1999) 9 SCC 249).
Rajinder Krishan Khanna and Ors. Vs. Union of India and Ors (1998) 7 SCC 129).
Agwati Prasad Pawan Kumar Vs. Union of India (2006) 5 SCC 311)
K.P. Poulose Vs. State of Kerala & Anr. (1975) 2 SCC 236
Ravindra Kumar Gupta & Co. Vs. Union of India (2010(1) SCC 409)
Inder Singh Rekhi Vs. Delhi Development Authority (1988) 2 SCC 338)
State of Orissa Vs. Asis Ranjan Mohanty (1999(9) SCC 249)
A.P. Vs. Chandrasekhara Reddy & Ors. (1998 (7) SCC 141)
Sita Ram Bhau Patil Vs. Ramchandra Nago Patil) (1977) 2 SCC 49).
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.