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2023 Supreme(Del) 4342

VIBHU BAKHRU, AMIT MAHAJAN
Jop International Limited – Appellant
Versus
Multifold Group Contractor And Engineers – Respondent


Advocates appeared:
Mr Rajesh Yadav, Senior Advocate, for the Appellant.
Mr Abhimanyu Singla, Advocate, for the Respondent.

JUDGMENT

Vibhu Bakhru, J.(Oral)

1. The appellant has filed the present appeal under Section 37(1)(c) of the Arbitration and Conciliation Act, 1996 (hereafter `the A&C Act') impugning a judgement dated 18.11.2022 (hereafter `the impugned judgement') passed by the learned Commercial Court in an application preferred by the respondent under Section 34 of the A&C Act.

2. The respondent had filed the said application seeking setting aside of the arbitral award dated 01.09.2018 (hereafter `the impugned award'). The impugned award was rendered in the context of the disputes that had arisen between the parties in connection with their agreement dated 22.03.2014 (hereafter `the Agreement'). In terms of the Agreement, the respondent had agreed to carry out construction and development of works in a project named `JOP Palms', located at Sector 28, Rohtak, Haryana (hereafter `the project').

3. The disputes were referred to an arbitral tribunal comprising of a sole arbitrator (hereafter `the Arbitral Tribunal'). The respondent had, inter alia, claimed a sum of Rs.17,04,755/- (Claim no.1). The said amount comprised of a sum of Rs.1,09,879/- due against the Running Account Bills and an amount o

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