SIMPLEX INFRASTRUCTURES LIMITED, KOLKATA Vs. ENERGO ENGINEERING PROJECT LIMITED, NEW DELHI
LAWS(JHAR)-2017-7-251
HIGH COURT OF JHARKHAND
Decided on July 28,2017

Simplex Infrastructures Limited, Kolkata Appellant
VERSUS
Energo Engineering Project Limited, New Delhi Respondents

JUDGEMENT

Aparesh Kumar Singh, J. - (1.) Heard learned counsel for the parties.
(2.) Petitioner herein has invoked Clause -21 of the work order dated 18-11-2010 for appointment of an Arbitrator as the respondent have filed to nominate their own Arbitrator in terms of the Arbitration Clause despite the notice dated 12-2-2016 served upon them in terms of Section 11(4) of the Arbitration and Conciliation Act, 1996. Petitioner was awarded work order for Civil Works of Coal Handling Plant Package, 2 x 270 MW Pit Head Power Project at M/s. Corporate Ispat Alloy Ltd., Bana Village, Chitarpur, Chandwa, District-Latehar (Jharkhand), vide Annexure-1 for a value of Rs. 9,83,88,350/-. The work order was amended from time-to-time vide letters dated 18-11-2011, 25-2-2011, 17-8-2011 and 7-2-2012 which are enclosed as Annexures to the rejoinder of the petitioner.
(3.) Clause 13 required the bill to be raised once in a month along with prescribed documents.;


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