Petition seeking for Interpretation of Award
In the High Court at Calcutta Ordinary Original Civil Jurisdiction
In the matter of:
The Arbitration & Conciliation Act 1996
And
In the matter of:
An application under section 33 of the
said Act
And
In the matter of:
An Arbitration Agreement contained in
the Contract No. 3 dated
And
In the matter of:
Builders India Private Ltd., a
company
registered under the
Companies Act 1956
and carrying on
business at 7A, Camac Street,
Calcutta 700 016
Petitioner
versus
1
Impressions India Private Ltd., a
company registered under the Companies
Act 1956 and carrying on business at
6 S.P. Mukherjee Road, Calcutta 700 025
2.
Mr. D.N. Banerjee of 7 Hindusthan
Park, Calcutta 700 029
Respondents
To
The Hon'ble Mr
Chief Justice and His Companion
Justices of the said Hon'ble Court
The humble petition of the petitioner
above-named most respectfully
Sheweth:
1. By and under an agreement dated
the petitioner
undertook to construct houses, flats and guest-houses for the first respondent
on agreed specifications, terms and conditions and price.
2.Your petitioner completed the work, obtained payment of the running
bills, offered delivery of houses, flats and guest-houses and claimed payment
of the final bill.
3. The first respondent raised various minor objections with a view to withhold payment of the outstanding bills.
4. Disputes and differences arose between the parties and under the
arbitration clause contained in the agreement these disputes and differences
were referred to the respondent No. 2 for adjudication.
5. After hearing the parties, respondent No. 2 the sole arbitrator gave
the Award dated
6. Your petitioner received a copy of the said Award on
under
section 31 of the Arbitration & Conciliation Act 1996.
7. The said Award a copy whereof is annexed hereto and marked 'A' is
incomplete in several respects. Respondent No. 2 has not given his decision
on the disputes as to escalation of costs. Respondent No. 2 failed to consider
and decide the disputes as regards extra work done by the petitioner and
the liability of first respondent to pay for the work duly accepted by the first
respondent. For non payment of the outstanding bills under the agreement
interest @ 18% per annum was payable by the first respondent. Though
this issue was raised subsequently on this point the respondent No. 2 failed
to adjudicate this issue.
8. Your petitioner states that this is a fit case that this Hon'ble Court
will be pleased to remit the Award dated ______to the respondent
No. 2 for determination of the disputes regarding escalation of costs, payment
for extra work done benefit of which was received by the first respondent
and the contracted rate of interest payable by the first respondent to the petitioner on the outstanding amount payable by the first respondent in
respect of the final bill which included the escalation costs, costs for
additional work done and interest on the outstanding amount upto the date
of submission of the final bill. The respondent No. 2 is further required to
adjudicate on the question of interest for the subsequent period till payment
of the petitioner's claims by the first respondent.
9.
In the facts of the case, your petitioner states that the Award be
remitted to the respondent No. 2 with a direction to give his decision on the
aforesaid points after hearing the parties if necessary even though all the relevant documents are on record of the said arbitration proceeding.
10. This Hon'ble Court will be pleased to fix a time within which the
respondent No. 2 will give his Award including his decision on the above
points.
11. Unless orders are made as prayed for herein, your petitioner will
suffer loss and prejudice.
12. This application is made
bona fide
and in the interest of justice.
13. Your petitioner, therefore prays Your Lordships for the following orders:
(a) Award dated
given by respondent No. 2 be remitted to respondent No. 2 for submission of
his decision on following points:
(i)
whether the petitioner is entitled to and if so,
to what extent, the escalation costs in the
execution of the agreement?
(ii)
whether the petitioner is entitled to payment
for additional work done and if so upto what
extent?
(iii)
whether the petitioner is entitled to interest on its outstanding amounts, if so, the period
for the same and the rate at which the
petitioner is entitled to such interest?
(b) A time limit be fixed within which respondent
No. 2 has to give his decision on the issues
mentioned in prayer (a) above.
(c)
Further orders be made and directions be given as to this Hon'ble Court may deem fit and proper in the facts of the case.
And your petitioner as in duty bound shall ever pray.
Signature of the Advocate
Signature of
for the petitioner
the petitioner
Verification
I,
son of
aged about
years by occupation service, working for gain at 7A, Camac Street,
Calcutta 700 016 do hereby solemnly affirm and say as follows:
I am the Manager of Builders India Private Ltd., and its Principal
Officer and Constituted Attorney. I know and I have made myself acquainted
with the facts and circumstances of this case and I am able to depose thereto.
I am authorised and competent to verify the aforesaid petition and I do
verify the same on behalf of the petitioner.
The statements contained in paragraphs 1 to 12 hereinabove are true
to my knowledge based on information derived from records maintained by
the petitioner company and I believe them to be true.
Solemnly affirmed by the said Mr
pursuant to
Board Resolution dated
of the Builders India Private Ltd. In
the Court House at Calcutta on the 15th day of December 1999.
Before me
Commissioner