Bangalore District Court M/S Amr Constructions Limited vs M/S Karnataka State Beverages ... on 3 January, 2022 1 Com.A.S.No.2/2019 IN THE COURT OF THE LXXXVIII ADDL. CITY CIVIL & SESSIONS JUDGE (EXCLUSIVE COMMERCIAL COURT): BENGALURU CITY. (CCH89) Present: Sri. P.J. SOMASHEKARA, B.A.,LL.M, LXXXVIII Addl. City Civil & Sessions Judge Bengaluru City. Dated this the 3rd day of January 2022 Com.A.S.No.2/2019 Plaintiffs: M/s AMR Constructions Limited, (Presently, M/s AMR India Limited) Through its authorized representative Having registered office at: Saikrupa, D.No.83833, Plot No.37 and 38, Phase I, Kamalapuri Colony, Hyderabad 570 073. (By Sri. V.A.B., Advocate) vs Defendant: M/s Karnataka State Beverages Corporation Ltd. (A Government of Karnataka Undertaking) Through its Managing Director, Having its registered office at 4th Floor, TTMC Building A Block, BMTC Building, K.H. road, Shanthinagar, Bangalore 560 027. (By Sri. A.M.J., Advocate ) JUDGMENT This is a petition under Sec.34 of the Arbitration and Conciliation Act filed by the plaintiff and sought for to set aside the arbitral award dated 09.10.2018 passed by the arbitral tribunal and to grant such other reliefs which deems fit in the interest of justice and equity. 2 Com.A.S.No.2/2019 2. Nutshell of the plaint are as under: The defendant being the claimant and the plaintiff being the respondent before the Arbitral Tribunal, feeling aggrieved by the award which passed by the arbitral tribunal filed the instant suit on the ground that who is the M/s AMR Construction Ltd., was a company registered under the Companies Act and its name has been changed to M/s AMR India Ltd., engaged in the business of mining construction, infrastructure and energy. The defendant being M/s Karnataka State Beverages Corporation Ltd. Is a Government of Karnataka undertaking registered in 2003 under the Companies Act, 1956 and its core activity is to procure liquor and spirits from the manufacturers and to sell the same to the wholesalers. The letter of acceptance for the work of contract inter alia construction of go down cum office building at Sy.No.9, Bytarayanapura, Mysore Road, Bangalore24 has been issued in its favour. The contract value was Rs.4,20,06,842/ and the completion period of contract was 11 months and the contract agreement for the work was signed in between them on 25.01.2012. The defendant issued notice to proceed with the work on 25.01.2012 and handing over the site as per the contract agreement dated 25.01.2012, the work could not be completed in a stipulated time of 11 months valid till 25.01.2013 due to various reasons/ delays its not attributable and fact that the 3 Com.A.S.No.2/2019 hard rock encountered during excavation which was not in the tender items slowing down the progress of work, thereby requested the defendant to extend the time of said contract which got expired on 25.01.2013, on many occasions in writing vide its letters dated 22.12.2012, 25.06.2013, 26.07.2013 and 10.10.2013. The defendant failed to discharge its reciprocal contractual obligations and did not accord extension of time of contract committed gross breach of clause 26 of the conditions of the contract and also did not accord variation for hard rock and other items executed thus committed breach of provisions of clause 34 and 34 of the contract, during the course of execution of the said work, requested the defendant in writing for early resolution of many issues and timely payment of works already executed to facilitate the completion of the contract work to pay the running amount RA bill No.1 vide its letter dated 04.06.2012 and 14.07.2012 and the defendant paid RA Bill No.1 vide bank voucher dated 11.08.2012 after delay of more than 60 days and to issue the construction drawing/details of the work vide its letter dated 14.07.2012 and the defendant did not reply nor issued the construction drawing/ details as sought in the said letter and to pay the price variation amount for RA Bill No.1 vide its letters dated 07.11.2012 and 30.07.2013, but the defendant did not pay the price variation amount though same was duly 4 Com.A.S.No.2/2019 certified as payable as per the provisions of the contract by the defendant wh