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SUNITA AGARWAL, ANIRUDDHA P. MAYEE
Surat Municipal Corporation Through Commissioner – Appellant
Versus
Patel Engineering Co Ltd. – Respondent
JUDGMENT :
(PER : HONOURABLE THE CHIEF JUSTICE MRS. JUSTICE SUNITA AGARWAL)
1. The instant appeal under Section 37 of the Arbitration and Conciliation Act, 1996 ( in short as “the Act’ 1996) is directed against the arbitral award dated 21.06.2005 and the judgement and order dated 02.07.2008 passed by the learned Principal District Judge, Surat under Section 34 of the Act’ 1996.
2. The appellant Surat Municipal Corporation (in short as “the SMC”) had entered into a contract with the respondent Patel Engineering Company Limited (claimant) for construction work of Indoor Stadium at Surat commencing from 04.03.1989. The work was completed in December, 1997. It is the claim of the SMC, namely the appellant that the total cost of construction work to the tune of Rs.12.60 crores had been paid to the contractor/claimant in the year 1997 itself. However, the dispute has arisen on account of some additional claims raised by the contractor. By communication dated 08.12.1997, the contractor had requested for revision of Price Escalation formula aligned in clause 35 of the contract, on the premise of the formula provided by the National Institute of Construction Management and Research (in short a
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