M/S. NAVAKAR INDUSTRIES Vs. C.G. STATE COOPERATIVE MARKETING FEDERATION LIMITED

JUDGEMENT

(1.) The present appeal has been filed against the impugned judgment and order dtd. 14/11/2018 passed by the learned Judge, Commercial Court (District Level), Raipur, wherein the learned Court below has dismissed the application under Sec. 34 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as 'Act, 1996') filed by the appellant for partially setting-aside the Arbitral Award dtd. 4/10/2017.

(2.) The brief facts of this case are that the appellant herein is a proprietorship firm involved in the business of construction. Pursuant to a tender floated in 1994, the appellant entered into agreement dtd. 19/12/1994 for supply, erection, testing and commissioning of par-boiling plant as per specification of the then M.P. MARKFED and accordingly the rice mill was to be constructed at 11 different places, for which, Rs.15,84,000.00 was worked out to be paid per plant. The work order was issued on 25/12/1994 and the appellant was required to complete the work within six months from the date of issuance of work order. The work could not be completed in time for different reasons and extension was initially given, that led to dispute. In 1998, the appellant filed his claim petition before the Arbitrator, who is the Managing Director of MARKFED. Subsequently, the new State of Chhattisgarh came into being in the year 2000 and thereafter, after much time elapsed, the application was filed before the High Court of Chhattisgarh to transfer the case to Chhattisgarh, wherein the High Court by order dtd. 5/7/2017 passed a direction that within a time frame of three months, the claim shall be adjudicated.

(3.) The appellant claimed an amount of Rs.1,47,12,580.00 for 11 plants on different heads. The arbitrator only allowed the claim to the extent of Rs.79,200.00 with simple interest @ 6% from the date of filing of the claim petition. Against such order, an application was filed before the Commercial Court under Sec. 34 of the Act, 1996 and the same having been dismissed, the present appeal has been filed.