SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

2022 Supreme(Bom) 2049

G. S. KULKARNI
Bsi-jdn Joint Venture – Appellant
Versus
Board Of Trustees Of Jawaharlal Nehru Port Trust – Respondent


Advocates Appeared:
Naresh Thacker, Advocate, Alok Jain, Advocate, Samarth Saxena, Advocate, Sharmin Kapadia, Advocate, Omprakash Jha, Advocate, Shivani Kumbhojkar, Advocate

JUDGMENT

1. These are four applications filed under Sec. 11 of the Arbitration and Conciliation Act, 1996 (for short 'the Act') whereby the applicants have prayed for appointment of an arbitral tribunal to adjudicate the disputes and differences which have arisen between the parties under the contract dtd. 28/4/2017 titled as "Deepening and Widening of Mumbai Harbour Channel and JN Port Channel (Phase-II)".

2. The contract in question in each of these petitions was awarded by the respondent to the applicant following the usual tender procedure a public body would follow. The applicants had mobilized and thereafter have performed and fully executed the contractual work which came to be completed in the month of February-March, 2019. Such completion is stated to be much before the prescribed time limit as set out and agreed between the parties. Under Clause 48.1 of the General Conditions of Contract, the contractor (petitioner no. 1) was required to issue a notice of completion and by following the procedure as agreed. A 'Taking Over Certificate (TOC)' was to be issued by the designated Engineer with the approval of the Respondent within 21 days from the notice of completion. It is th

                                                                                                                                                                                                              Click Here to Read the rest of this document
                                                                                                                                                                                                              1
                                                                                                                                                                                                              2
                                                                                                                                                                                                              3
                                                                                                                                                                                                              4
                                                                                                                                                                                                              5
                                                                                                                                                                                                              6
                                                                                                                                                                                                              7
                                                                                                                                                                                                              8
                                                                                                                                                                                                              9
                                                                                                                                                                                                              10
                                                                                                                                                                                                              11
                                                                                                                                                                                                              SupremeToday Portrait Ad
                                                                                                                                                                                                              supreme today icon
                                                                                                                                                                                                              logo-black

                                                                                                                                                                                                              An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

                                                                                                                                                                                                              Please visit our Training & Support
                                                                                                                                                                                                              Center or Contact Us for assistance

                                                                                                                                                                                                              qr

                                                                                                                                                                                                              Scan Me!

                                                                                                                                                                                                              India’s Legal research and Law Firm App, Download now!

                                                                                                                                                                                                              For Daily Legal Updates, Join us on :

                                                                                                                                                                                                              whatsapp-icon telegram-icon
                                                                                                                                                                                                              whatsapp-icon Back to top