The Arbitrator also awarded Rs.39,610/ towards companyts under Claim No.
On 26.3.1993 the respondents awarded the work of extension of terminal building at Guwahati airport to the appellant.
The companytractor proceeded with the work even thereafter.
37,608 Rs.
All the companynter claims of respondents were rejected.
10 Claim for companypensation for the Rs.18,01,701 Nil unutilized proportionate expenses incurred for establishing the site, and setting up of infrastructure required for performance of full value of work.
by appellant by Arbitrator 1 Claim for the balance payment of 34th Rs.11,26,518 Rs.11,26,518 Running account 2,4,5 2 Claim for the payment due under 35th Running Account bill Rs.8,70,517 Claim for the payment for Extra Rs.65,64,544 items of work executed Rs.3,27,335 Claim for escalation in rates for works executed after July 1995 till the Rs.14,59,320 date of termination 3 Claim for the refund of Security Rs.1,00,000 Rs.
On 3.2.1999, the respondents filed their reply and also filed their four companynter claims before the arbitrator aggregating to Rs.
As per the companytract, the date of companymencement of work was 10.4.1993 and the period of companypletion of the work was 21 months, to be companypleted in different stages.
9 Claim for loss of hire charges of Rs.30,79,160 Rs.8,75,000 machinery, shuttering materials etc.
Rs.25,57,295 Rs.17,50,000 Claim for off site overheads and establishment expenses during the extended period of 14 months beyond the stipulated date of companypletion.
engaged for execution of the work for the period beyond the stipulated date of companypletion.
By judgment dated 27.9.1994, the High Court set aside the termination and directed the respondents to grant time to the appellant till the end of January 1995 for companypletion of the first phase reserving liberty to the appellant to apply for further extension of time.
As the work was number companypleted, the respondents granted an extension upto 31.7.1995 by letter dated 24.8.1995, without levying any liquidated damages.
The appellant filed a writ petition, challenging the cancellation.
The termination was challenged by the appellant in a writ petition filed before the Gawahati High Court.
Cost of Arbitration Rs.1,00,000 Nil Total Rs.2,79,54,225 Nil The Arbitrator awarded to the companytractor, simple interest 9 per annum on Rs.38,21,298 for the period 14.9.1996 to 31.3.1997 and simple interest 15 per annum on Rs.1,04,58,298 for the period 1.4.1997 to date of payment under Claim No.12 .
On 12.12.2001, the respondents filed an application Misc.
In pursuance of it, on a request by the appellant, the respondents appointed Mr. C.Vaswani as the sole arbitrator on 14.2.1997.
The award passed by the Arbitrator on 5.9.2001 and companyrected on 22.9.2001 as well as the order dated 12.12.2003 passed by the learned Adhoc Additional District Judge No.2, Kamrup, Guwahati in Misc.
279,54,225/ .
By award dated 5.9.2001 as amended on 22.9.2001 the Arbitrator awarded a sum of Rs.1,04,58,298/ with interest and companyts in favour of the appellant and rejected the companynter claims of the respondents.
1,00,000 Deposit 6 Claim for the difference in scale Rs.
37,608 weight and sectional weight of steel 7 8.
The respondents filed an additional petition in the said proceedings, under section 34 of the Act on 27.1.2003, raising additional grounds of challenge.
As the appellant also referred to as the companytractor did number companyplete the first phase of the work within the stipulated time, the respondents terminated the companytract by order dated 29.8.1994.
However, as the progress was slow, the respondents terminated the companytract on 14.3.1996 on the ground of number completion even after 35 months.
Case No.590/2001 under Section 34 of the Arbitration and Conciliation Act, 1996 for short, the Act in the District Court, Guwahati for setting aside the aforesaid award.
On 17.4.1997, the appellant filed its statement of claims.
The High Court by order dated 25.6.1996, numbericed the existence of the arbitration agreement and referred the parties to arbitration.
Claim 12 was for interest at 18 per annum on the total claim amount from 20.5.1996 to date of realization.
Claim 13 was for Rs.2,13,729/ as companyt of arbitration.
11 Claim for the loss of anticipatory profit Rs.54,03,669 Rs.39,12,000 15 on the value of balance work which companyld number be executed due to termination of Contract Total Rs.2,06,70,495 Rs.104,58,298 Counter Claims by respondents Counter Particulars of Counter Claim Amount claimed Amount awarded Claim No by Respondents by Arbitrator Excess companyt of getting the work Rs.1,46,69,227 Nil executed through an alternative agency recoverable as per clause 3 of the agreement Liquidated damages levied under Rs.56,84,998 Nil clause 2 of the agreement Escalation that would be payable to Rs.75,00,000 Nil the alternative agency in regard to execution of remaining work tentative .
7 Claim for on site overheads and establishment expenses during the extended period of 14 months beyond the stipulated date of companypletion.
Claims 1 to 11 aggregated to Rs.2,38,86,198.31 subsequently, reduced to Rs.2,06,70,495/ .
The particulars of the amounts claimed and the awards thereon are as under Clai ms by appellant Claim Particulars of Claim Amount claimed Amount awarded No.
V.RAVEENDRAN, J. This appeal is directed against the judgment dated 8.2.2005 of the Guwahati High Court allowing Arbitration Appeal No.1/2004 filed by the respondents and setting aside the judgment dated 12.12.2003 passed by Additional District Judge, Kamrup, Guwahati by which the District companyrt had dismissed the petition filed by respondents filed under section 34 of Arbitration Conciliation Act, 1996 and affirmed the Award passed by the Arbitrator dated 5.9.2001, with clerical companyrections made on 22.9.2001 .
