EXECUTIVE DIRECTOR Vs. M/S. Y.R. REDDY ENGINEERS
HIGH COURT OF BOMBAY
M/S. Y.R. Reddy Engineers
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(1.) Both the appeals are admitted. Notice after admission is made returnable forthwith. By consent, heard both the sides for final disposal.
(2.) Arbitration Appeal No. 5/2016 is filed by the Contractor, at whose instance Arbitrator was appointed by this Court under section 11 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as 'the Act' for short). The other appeal is filed by the Employer, which is State Government, Corporation. Arbitrator had allowed all the claims of the Contractor and this decision was challenged by filing Misc. Application (RJE) No. 77/2011 by the Employer in the Court of Principal District Judge, (hereinafter referred to as 'P.D.J.' for short) Parbhani under the Act. By the decision dated 31.12.2015, the proceeding filed under section 34 of the Act by the Employer is partly allowed and the award given in respect of few claims is set aside. In view of these circumstances, both the sides have challenged the decision given by the District Court, Parbhani.
(3.) For deciding the challenges raised by both the sides in the appeals, the nature of work and also the history of previous arbitration proceedings in respect of the same work needs to be mentioned.;
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