Full Text
O.M.P. 103/2009
M/S SAI CONSTRUCTIONS ..... Petitioner
Through: Mr. Puneet Taneja and Ms. Laxmi Kumar, Advocates (M: 9810208494).
ANR ..... Respondents
Through: Mr. Puneet Taneja and Ms. Laxmi Kumar, Advocates for THDC (M:
9810208494).
JUDGMENT
1. Today, the case has been listed for directions as there is an inadvertent error in paragraph 9 of the order dated 19th February, 2019, where the amount payable under sub-items 14 and 16 of Item 1 of Claim No. 1 and the final bill has been left blank. Paragraph 9 shall now read as under:-
9. The Court has heard Ld. counsels for the parties. Apart from the claims raised by the Contractor, THDC had also raised several counter claims. The total value claims raised by the Contractor were approx.Rs.12.35 crores and the total value of counter claims raised by THDC were for a sum of Rs.50 crores including liquidated damages. Ld. Arbitrator has rejected the counter claims in toto. Insofar as the Contractor’s claims were concerned, the value of the Bank Guarantee which was encashed i.e., a sum of 2019:DHC:1610 Rs.23.[3] lakhs along with interest @ 10% was awarded and some claims under sub items 14 and 16 of item no.1 of claim no.1 as also the final bill to the tune of Rs.3,01,737/- (1,42,988/- + 1,58,749/-) were allowed. Apart from these claims, the remaining claims of the Contractor were rejected.”
2. Let the corrections be carried out in order dated 19th February, 2019 and the corrected order be uploaded.
PRATHIBA M. SINGH, J MARCH 15, 2019 MR