Bangalore District Court M/S Doshion Veolia Water Solutions Pvt ... vs M/S Technospark Industries India Pvt ... on 7 July, 2025 KABC010218312017 IN THE COURT OF THE LII ADDL. CITY CIVIL & SESSIONS JUDGE, BANGALORE (CCH53) Dated this the 07th day of July, 2025 PRESENT Sri.Gangappa Irappa Patil, B.A., LL.B. (Spl.)., LII Addl. City Civil & Sessions Judge, Bangalore. A.S.No.111/2017 PETITIONER: M/s DOSHION VEOLIA WATER SOLUTIONS PVT. LTD Having its registered office at Plot NO. 24, Phase II GIDC Vatva Ahmedabad 387 445 Represented by its Assistant General Manager Mr. Jasmine Shah (By M/s A.K.Law Chambers, Advocate) V/S RESPONDENTS: 1. M/S TECHNOSPARK INDUSTRIES INDIA PVT. LDT Having its registered office at No. 1341, Kaval Byrasandra RT Nagar Bengaluru 560 032 2 A.S.No.111/2017 Rep by its Managing Director and Director Sri Suresh Mohan and Smt. Surekha Suresh 2 Sri C.S.Malagi District Judge (Retd) Sole Arbitrator Arbitration Center, Karnataka (Domestic and International) Bengaluru. ......... Suit against R2 is dismissed. (R.1 by Sri.M.M.S., Advocate) Date of institution of the suit: 06.09.2017 Nature of the suit: Suit for Arbitration and Conciliation Act Date of commencement of recording of evidence: Date on which Judgment was 07.07.2025 pronounced: Duration: Year Months Day 07 10 01 JUDGMENT This arbitration suit is filed by the petitioner u/Sec.34 r/w Sec. 31 of The Arbitration Conciliation Act 1996, praying to set aside the arbitration award passed by the Sole Arbitrator in AC No. 122/2016 dated 30.05.2017. 3 A.S.No.111/2017 2. The brief facts of the case of the petitioner which leads to file this arbitration suit in nutshell are as follows: The respondent/claimant is a registered company manufacturing all types of industrial granites and service provider of all installations , engineering works related to granites and all other works related to usage granite in industries and also manufacturing goods pertaining to industries and it has invested more than Rs. 20 lakhs but less than 5 crores. It comes under the classification of MSMED Act. The respondent company has placed its order to the claimant for supply of material and services as per the Order baring No. local333dated 20.03.2013 , the time prescribed for completion of the first work order was 90 days and for second work order was 150 days . The claimant/respondent carried out the work based on the area clearance issued from the end user and respondent/claimant could not completed the full project within stipulated time because the respondent failed to release the payment in respect of the completed orders and there was an outstanding amount due to Rs. 40,22,866.19 and the respondent/claimant has completed 86% of work since the outstanding balance is not paid thus, he stopped the balance 14% of pending work. The respondent has finalized the quantity and price for supply and labor job to be carried out at their project site at M/.s JSW Steel Ltd. Bellary and inspite of the mail the petitioner/respondent has not released the amount. Since the respondent failed to release the amount, the claimant/respondent 4 A.S.No.111/2017 invoked the arbitration clause as per the Arbitration Act and they have approached the Arbitration Center with a request to direct the respondent to pay the claimant a sum of Rs. 40,22,866.19 with interest @ 22.50 compounded daily as per Sec. 16 of MSMED Act i.e. three times of the bank rate of interest at 7.5% as notified by the RBI from 20.02.2014 till realization and also award damage