TMI Blog2013 (4) TMI 622X X X X Extracts X X X X X X X X Extracts X X X X ..... as to whether the procedure under clause 67 was followed or not or was time barred. In view of this position, the arbitral tribunal rendered finding of fact based not on any specific averment advanced by the appellant but on consideration of the documents and on interpretation of the provisions of the contract Act - In my view findings rendered by the arbitral tribunal is not perverse and thus the learned District Judge was right in not interfering with such finding of fact rendered by the arbitral tribunal U/s 34 of the Arbitration & Conciliation Act, 1996 - No case is made out for interference with the order of the arbitral tribunal as well as the learned District Judge in this proceedings U/s 37 of the Arbitration Act. In so far ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tion Conciliation Act, 1996 by which the appellant has impugned the arbitral award dated 30th June, 2004 passed by the arbitral tribunal allowing some of the claims made by the respondent contractor. 2. Some of the relevant facts for the purpose of deciding this appeal are as under : The respondent was awarded contract for the work of construction of the building for the institute of Hotel Management and Catering Technology at Pune. The dispute arose between the parties and was referred to arbitral tribunal in accordance with clause 67 of the agreement entered into between the parties. By the impugned award dated 30th June, 2004 made by the arbitral tribunal, some of the claims made by the respondents have been allowed. 3. Being ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ilure to comply with this condition, if the Contractor has, at the earliest practicable opportunity, notified the Engineer in writing that he intends to make a claims for such work. (2) Relying upon the said clause, the learned counsel submits that as the respondent failed to claim additional amount every month which the contractor considered himself entitled to, no such claims could have been made subsequently after the expiry of one month and the same was barred under the said clause. (3) The learned counsel submits that under clause 67 of the agreement, both the parties had agreed that the dispute, differences of any kind whatsoever between the employer and the contractor or the engineer and the contractor shall be first refer ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Gorwadkar is that there was no provision for payment of interest in the contract entered into between the parties and thus the award of interest by the arbitral tribunal on the claims awarded is beyond the powers of the arbitral tribunal. 5. The learned counsel for the respondent on the other hand supports the finding of fact recorded by the arbitral tribunal as also by the learned District Judge and submits that the arbitral tribunal has after considering the documents as well as pleadings filed by both the parties and after considering the provisions of the Contract have interpreted the terms of the contract and have recorded finding of fact which are not perverse and thus the learned District Judge was right in not interfering with the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... pute that within ninety days from the date of final certification of the bill by the Engineer of the appellant, the arbitration clause had been invoked by the respondent contractor. 7. Considering these facts, the arbitral tribunal rendered finding of fact that the claims were not barred by law of limitation. The arbitral tribunal while doing so has also interpreted the terms of the contract and the documents placed on record by both the parties. On perusal of the record, it is seen that there was no material placed by the appellant before the arbitral tribunal in respect of each claim in support of the plea of limitation as to how each of such claim was affected by alleged non compliance of clause 52(5) of the agreement and as to whet ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
