Lawstreet Journal

Delhi HC Allows Petition Filed by M/S Unity Builder through Advocate Ashish Chauhan; Sets Aside Order of Sole Arbitrator dismissing Application to Alter Amount of Claims

Lawstreet Journal 10 Jul 2021 11:18pm

Image courtesy: Lawstreet Journal Judiciary Delhi HC Allows Petition Filed by M/S Unity Builder through Advocate Ashish Chauhan;  Sets Aside Order of Sole Arbitrator dismissing Application to Alter Amount of Claims

A single bench of the Delhi High Court comprising Justice C. Hari Shankar, while hearing a petition filed by M/S Unity Builder through Advocate Ashish Chauhan under Section 34 of the Arbitration and Conciliation Act, 1996 challenging the order of the sole arbitrator (that dismissed the application of the claimant to alter the amount of the claim), quashed and set aside the said order.

The dispute arose between the petitioner and the respondents, M/S Unity Builders through Advocate Ashish Chauhan and Union of India & Anr., through Ms. Monika Arora, CGSC, Union of India, with regard to work, awarded to the petitioner by the respondent on May 28th, 2009. The matter was referred to arbitration in accordance with Clause 25 of the General Conditions of Contract (GCC), governing the petitioner and the respondents. 

The preliminary hearing instituted on September 25th, 2019 by the Sole Arbitrator directed the respondents to submit the petitioner as well as to the learned arbitrator copies of various documents, including the final bill, etc., sailing which the arbitrator yet again directed the respondent to supply the requisite documents that were provided by the respondent on October 28th, 2019. 

 

Consequently, the petitioner submitted their statement of claim and revised the claim of 1,12 crore against Claim no. 1 to 1.62 crore upon the perusal of the documents which have been made available by the respondents.

The claimant had filed an application on January 29th, 2020 before an arbitral tribunal to amend the claimed amounts under claim… Continue Reading...


Tagged: Delhi High Court  
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