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A. K. MATHUR, P. K. BALASUBRAMANYAN
National Thermal Power Corporation LTD. – Appellant
Versus
Siemens Atkeingesellschaft – Respondent
JUDGMENT
P.K. Balasubramanyan, J.—I respectfully agree with the reasoning and conclusion of my learned brother. I am inclined to add a few words in view of the significance of the question and the frequency with which it may arise.
2. Before the Arbitral Tribunal, Seimens, the contractor, made a claim for compensation for the delay on the part of the N.T.P.C. for whom a works contract was executed by Seimens. N.T.P.C. not only resisted the claim but also made a counter claim. The counter claim was sought to be resisted by Seimens by contending that all outstanding claims between the parties other than the one it had put forward in the claim before the Arbitral Tribunal had been settled between the parties as evidenced by a Memorandum of Understanding arrived at between them described in the proceedings as Minutes of the Meeting (M.O.M.). Seimens, therefore, contended that the claims made by N.T.P.C. before the Arbitral Tribunal by way of counter claim was not maintainable or did not survive the M.O.M. They had also raised a contention that N.T.P.C. not having acted in terms of the arbitration clause by first raising the claim before the Engineer, it could not straightaway raise t
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