QUIPPO CONSTRUCTION EQUIPMENT LIMITED Vs. JANARDAN NIRMAN PVT. LIMITED
LAWS(SC)-2020-4-38
SUPREME COURT OF INDIA (FROM: CALCUTTA)
Decided on April 29,2020

Quippo Construction Equipment Limited Appellant
VERSUS
Janardan Nirman Pvt. Limited Respondents




JUDGEMENT

UDAY UMESH LALIT.J. - (1.)Leave granted.
(2.)In this appeal the Original Claimant challenges the final judgment and order dated 14.02.2019 passed by the High Court at Calcutta in CAN No.10094 of 2018.
(3.)The basic facts culled out from the award dated 24.03.2015 passed by the Arbitrator in the present case are:-
"That the respondent company who is engaged in the business of infrastructure development activities approached the claimant company who is also dealing in the business of providing equipments for infrastructure activities to provide on rent two Piing Rig HR-180 and (1) 300 CPM compressor (equipments) for carrying out the work as per the respondent's instructions. After deliberations and negotiations, an agreement dated 1.8.2010 was entered into between the parties in respect of the abovesaid construction equipments for its work site C/o Janardhan Nirman Pvt. Ltd. Rs.& TECC site, NTPC BARH site, BARH, Distt. Patna, Bihar. Being satisfied with the equipment services provided by the claimant company, the respondent further approached the claimant company for taking on rent another one (1) Pilling Rig-MAIT HR 180 (equipment) for its same abovesaid work site, along with double set of crew/operator for each equipment for carrying out the works as per the respondent's instructions. After deliberations and negotiations, an agreement 2.10.2010 was entered into between the parties herein in respect of the abovesaid equipments. Thereafter, the respondent further entered into agreements dated 19.3.2011 and 14.4.2011 for taking on rent one (1) Pilling Rig HR 180 vide each of the said agreements for carrying out the work as per the respondent's instructions for its work site at C/o Janardhan Nirman Pvt. Ltd., SAIL, DSP, Durgapur, West Bengal and C/o Janardhan Nirman Pvt. Ltd., NH-34, Farakka-Dafkhola Road Project, Near Kaliachak, Distt. Malda, West Bengal, respectively."

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