Bangalore District Court Beml Limited vs M/S Krunal Engineering Works on 30 July, 2022 IN THE COURT OF THE LXXXVI ADDL. CITY CIVIL JUDGE AT BANGALORE [CCH.No.87] Present: Sri.SUNIL ANDANEPPA SHETTAR, B.Sc., LLB., (SPL) LXXXVI ADDL. CITY CIVIL JUDGE Dated this the 30th day of July, 2022 Com.A.S.No.211/2018 Petitioner/Respondent: 1. BEML Limited having its manufacturing unit at: Palakkad Complex Kinfra Wise Park Menopara Road, Palakkad Kerala. Corporate Office at: BEML Soudha No.23/1, 4th Main Road, S.R.Nagar, Bengalur560 027, Karnataka Represented by its authroized signatory Mr.Rajakumar.S. (By N.D.B.R, Advocate) Vs Respondents/Claimant: 1. M/s Krunal Engineering Works Having its Registered office at Survey No.285, Krunal Compound, Gala No.1, near Hindalco Ganapati Pada, Ganesh Nagar Kalwa (e), Thane400605 Maharashtra. 2 Com.A.S.No.211/2018 2. Shri. S.G.Rajput Joint Director of industries Konkan region MIDC Office Complex Building 1st floor Opposite Modela Mulund Check Nala Wagale Estate, Thane400 604, Maharashtra. 3. Shri.G.V.Bellale Deputy Director of Industries Konkan region MIDC Office Complex Building 1st floor Opposite Modela Mulund Check Nala Wagale Estate, Thane400 604, Maharashtra. 4. Shri Umesh Tayade Member of the Micro and Small Enterprises Facilitation council MIDC Office Complex Building 1st floor Opposite Modela Mulund Check Nala Wagale Estate, Thane400 604, Maharashtra. (R.1 retirement, R.2 to 4 Arbitrator) Date of institution of the suit : 20.10.2018 Nature of the petition : For setting aside the Arbitral award U/s 34 of the Arbitration and Conciliation Act. Date on which the Judgment was pronounced : 30.07.2022 Year/s Month/s Day/s Total Duration 03 09 10 (SUNIL.A.SHETTAR) LXXXVI Addl. City Civil Judge Bangalore. 3 Com.A.S.No.211/2018 ORDERS This petition is filed by the petitioner (respondent before the Arbitral Tribunal) against the respondent No.1 (claimant before the Arbitral Tribunal) and also respondents No.2 to 4 (the learned arbitrators) under Sec.34 of the Arbitration & Conciliation Act, 1996 (hereinafter referred to as "the Act") for setting aside the undated award received on 21.06.2018 to the extent which is against them passed by the respondents No.2 to 4 in petition No.74/2015 by allowing the counter claims of the petitioners and for dismissal of the claim of respondent No.1 along with costs. 2. For the sake of clarity and convenience, the parties hereinafter will be referred by their rank and status before the Sole Arbitrator (i.e. Arbitral Tribunal). 3. The respondents No.2 to 4 came to be appointed as arbitrators for resolving the dispute between the parties arising out of the contract agreement dated 29.03.2014 entered between the petitioner and the respondent No.1 and the final hearing on merits was on 20.04.2018 and the award came to be passed in the month of May 2018. 4 Com.A.S.No.211/2018 4. The brief facts leading to the case are as follows: That the claimant is a micro enterprise registered under MSMED Act, 2006 dated 14.12.2020, which is involved in manufacturing of fire fighting equipments, fire systems fire alarming systems. The respondent had placed services purchase order dated 09.01.2014 for fire fighting system works worth Rs.92,65,482/. The claimant claims that it had completed the work as per the purchase order and raised the respective invoices on various dates for Rs.94,24,357.50. The outstanding amount towards principal amount is Rs.40,50,059/ and interest is Rs.14,18,117/. 5. It is also the case of claimant that they had a meeting with the respondent on 09.01.2014 to resolve the is