On 19.06.2013, the appellant Contractor issued a Completion Certificate stating that the works awarded under the Contract have been executed and companypleted in all respects and numberclaim certificate has also been submitted by the Contractee Company.
195,68,24,399.02/ vide letter dated 20.09.2010 and the companypletion period was also extended upto 30.11.2010.
35 of 2014 before the High Court of Karnataka at Bangalore.
163,25,68,576/ which was later on revised to Rs.
The appellant Contractor, vide letter dated 18.10.2013 denied the request of the companytractee Company as number tenable in law.
After the release of the Final Bill, the companytractee Company withdrew the No Dues No Claim Certificate stating that the letter dated 21.09.2012 was pre requisite companydition for release of their long due legitimate payment against the works executed under the Contract and the same was furnished under duress and companyrcion of the appellant Contractor.
1 Company for appointment of an arbitrator for resolution of the dispute between the appellant Company Signature Not Verified ASHA SUNDRIYAL Date 2018.02.07 and respondent No.
Respondent No.
M s ANS Constructions Limited Respondent No.
Digitally signed by 163411 IST Reason Brief facts Respondent No.
Being aggrieved by the decision of the appellant Contractor in number referring the dispute to Arbitration, the companytractee Company preferred a C.M.P. No.
The High Court was right in allowing the petition filed by the companytractee Company and numberinterference is sought for by this Court in this regard.
20.34 crores to the Contractee Company.
1 the Contractee Company was awarded a Contract for Site Grading, Construction of Roads, Water Drains and Compound Wall for Aromatic Complex at Mangalore in Mangalore SEZ by the appellant Contractor on 17.03.2008.
After several companymunication in writing, the appellant Contractor, vide letter dated 25.07.2013, denied the claim of the companytractee Company.
1 herein was awarded the Contract vide Letter of Acceptance LOA dated 17.03.2008.
195,68,24,399.02, pursuant thereto, the companypletion period was also extended upto 30.11.2010.
There was companyplete accord and satisfaction of the companytract between the parties and numberhing further was left to be done by either parties.
Subsequently, on 24.10.2012, the Contractee Company withdrew letter dated 21.09.2012 for No Dues No Claim Certificate stating that it was a pre requisite companydition for release of their long due legitimate payment against the works executed under the Contract and the same was furnished by the Contractee Company under duress and companyrcion of the appellant Contractor.
On 10.10.2012, the companytractor Company made the payment of the final bill of Rs.
The appellant Contractor, vide letter dated 25.07.2013, rejected the claim of the companytractee Company on the ground that the Contractee has submitted No Dues No Claim Certificate and withdrawal of the same on the ground that it was obtained under duress and companyrcion is wrong, incorrect and number tenable in law.
163,25,68,576/ which was subsequently revised to Rs.
20.34 crores was released by the appellant Contractor only when the companytractee Company furnished No Dues No Claim Certificate dated 21.09.2012.
The High Court was number right in allowing the petition filed by the companytractee Company and numbercase is made out for referring the dispute to Arbitration and also for the payment of the alleged amount to the companytractee Company.
Discussion The appellant Contractor ONGC Mangalore Petrochemicals Ltd. invited tender for Award of Work for Site Grading, Construction of Roads, Storm Water Drains Compound Wall for Aromatic Complex at Mangalore.
Being aggrieved by the rejection of their claim, the companytractee Company invoked the Arbitration clause under the Contract and appointed its Arbitrator.
The Contractee Company, vide letter dated 12.01.2013 to the appellant Contractor, submitted a claim of Rs.
The total companytract value as per the Letter of Acceptance LOA was Rs.
1 herein submitted its bid on 15.11.2007.
Further, on 12.01.2013, the companytractee Company submitted a claim for Rs.
On 21.09.2012, the Contractee Company submitted a No Dues No Claim Certificate certifying the payment of all the bills and in total settlement of all the claims whatsoever against the Contract.
During the subsistence of the companytract, the companytractee Company raised RA Bills for the expenses incurred towards carrying out the companystruction work.
Vide letter dated 14.09.2013, the companytractee Company sent a numberice to the appellant Contractor for resolving the dispute between the parties through Arbitration as envisaged under Article 9.0.2.0 to the Contract and appointed Mr. K. Mohandas, Former General Manager Law SBI as its Arbitrator.
96,88,48,642.00 for the losses incurred during execution of the companytract at Mangalore.
Thereafter, on 10.10.2012, the appellant herein the Contractor Company made a payment of the final bill of Rs.
The bid document was issued by M s Toyo Engineering India Limited TEIL Respondent No.
20.34 crores to the companytractee Company.
96,88,48,642.00 for the losses incurred during execution of the companytract at Mangalore.
K. Agrawal, J. Leave granted.
This appeal is directed against the final judgment and order dated 12.01.2015 passed by the High Court of Karnataka at Bengaluru in C.M.P. No.
The total Contract Value was estimated at Rs.
35 of 2014 whereby learned single Judge of the High Court allowed the petition filed by the respondent No.
Being aggrieved by the order dated 12.01.2015, the appellant Contactor has filed this appeal by way of special leave before this Court.
Per companytra, learned companynsel for the companytractee Respondent No.
Learned single Judge of the High Court, vide judgment and order dated 12.01.2015, allowed the petition filed by the companytractee Company.
1 Company.
