LAWS(TRIP)-2022-9-17

ENGINEERING PROJECTS (INDIA) LTD. Vs. M.P. KHAITAN, CONTRACTOR

Decided On September 12, 2022
ENGINEERING PROJECTS (INDIA) LTD. Appellant
V/S
M.P. Khaitan, Contractor Respondents

JUDGEMENT

(1.) This is an appeal under Sec. 37 of the Arbitration and Conciliation Act, 1996 (Arbitration Act hereunder) against the judgment and order dtd. 25/2/2022 passed by the District Commercial Court, West Tripura, Agartala in Civil Misc. (Arbitration) 03 of 2020.

(2.) The factual context of the case is as under:

(3.) Since completion of the work within time depended on the performance of the reciprocal obligations, it was agreed upon between the parties that the appellant would hand over the dispute free worksite, designs and drawings etc. to the claimant-respondent within the stipulated time and the appellant would also make timely payment to the claimant-respondent as per the agreement.