RESPONDENTS: 1. M/s.Chamundeshwari Electricity Supply Corporation Ltd., #CA29, Kauveri Grameena Bank Road, Vijayanagar 2nd Stage, Mysuru570 017, Represented by its General Manager 2. Justice Ajit J Gunjal, Arbitrator, No.95, Lakshmi Kunj, 7th Main, MCR Layout, /2/ Com.A.P.No.2/2022 Vijayanagar, Bengaluru560 040. (By M/s.JUSTLAW, Advocates) Date of Institution of suit : 03.01.2022 Nature of suit : U/sec.34 of the Arbitration & (suit on pronote, suit for Conciliation Act, 1996. declaration and possession suit for injunction, etc.,) Date of commencement : of recording of evidence Date of judgment : 27.01.2023 Total duration : Year/s Month/s Day/s 01 00 24 (S.J.KRISHNA) LXXXIX ADDL.CITY CIVIL & SESSIONS JUDGE, BENGALURU. (CCH90) JUDGMENT The plaintiff M/S.Rajashekar Associates/Claimant has filed Com.A.P.No:02/2022 against the Arbitration Award dated 10.10.2020 passed by the Arbitral Tribunal in A.C.No.145/2016 declining to grant the prayers at (e), (f), (h) & (i) while also rejecting the claim for damages and overhead charges and in rejecting the application for amendment. /3/ Com.A.P.No.2/2022 02. The Respondent/M/S.Chamundeshwari Electricity Supply Corporation Ltd., has filed Com.A.P.No:41/2022 being aggrieved by the Arbitration Award dated 10.10.2020 passed by the Arbitral Tribunal in A.C.No.145/2016 in its entirety. 03. For the sake of convenience the parties to the petition filed under Section 34 of Arbitration & Conciliation Act, 1996 are referred to as "Claimant" and "Respondent" as before the learned Arbitral Tribunal in A.C.No:145/2016. 04. In view of the order dated:27.09.2016 passed by the Hon'ble High Court of Karnataka in C.M.P.No:15 of 2016 the Arbitral Tribunal was constituted to resolve the dispute between the Claimant and the Respondent. The summary of the Claim Statement filed by the claimant before the Learned Arbitral Tribunal is as under: 05. The claimant is a registered Partnership Firm. The Claimant is a member of the Karnataka Small Scale Industries Association, with Membership No.R0028. It is a Small Enterprise under the provisions of the Micro, Small and Medium Enterprises Development Act, 2006. The Claimant is engaged in the business of executing electrical projects to various central, states, private and public sector undertakings /4/ Com.A.P.No.2/2022 in South India. The Claimant has for over four decades, constructed various 110 KV, 66KV and 33KV substations, 33 KV and 11KV HT distribution lines, 440V and 230 V LT distribution lines for townships and rural electrification for the power utility and industrial sectors of South India. 06. The respondent is a Government Company and Undertaking engaged interalia in distribution of electricity. The respondent floated a tender dated 23.10.2010 for strengthening of electrical distribution network under PartB of th RAPDRP in Madikeri District on a turnkey basis. The claimant was the successful/lowest bidder. Accordingly, a Letter of Intent was issued on 07.10.2011. The parties thereafter entered into an agreement on 21.11.2011. The total contract price was then estimated at ₹.3,94,95,378/. The project was to be completed within 12 months from the date of issuance of the detailed Work Award. The Detailed Work Award was issued on 05.