MUNICIPAL CORPORATION OF GREATER BOMBAY Vs. PRE-STRESS PRODUCTS (INDIA)
HIGH COURT OF BOMBAY
MUNICIPAL CORPORATION OF GREATER BOMBAY
Pre-Stress Products (India)
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G.S. Patel -
(1.) The Municipal Corporation of Greater Mumbai ('MCGM') is the Petitioner. It challenges an order dated 23rd June 2009 of a sole Arbitrator dismissing at the threshold the MCGM's Counter Claim. This Petition was admitted on 23rd July 2010.
(2.) I have heard Mr Deshmukh for the Appellants/Petitioners and Mr Shah for the Respondent at some length and with their assistance considered the record and the authorities they have placed. For the reasons that follow, I believe I have no option but to allow the Petition and to set aside the order.
(3.) The facts, to the extent necessary are these. Before May 1983, the MCGM proposed the construction of a large underground reservoir of approximately 10 million litres capacity, including a pump house and other ancillary facilities, to improve the water supply in the city's A and C Wards. In May 1983, the MCGM invited tenders for this work on a turnkey and lump sum basis. The tender was published in local newspapers. The work comprised the construction of an underground RCC reservoir, the construction of an underground pump house, providing adequate machinery including electrical works, and, finally, provisioning a sub-station of electric supply. The Respondent was one of the bidders. Its bid was accepted by the MCGM, which issued a work order on 15th June 1984. The contract period was for 24 months, including the two monsoon periods.;
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