Bangalore District Court M/S Alupro Building Systems Pvt. Ltd vs M/S Skl Hotels Pvt. Ltd on 31 January, 2022 1 Com.A.S.No.131/2017 & Com.A.S.No.143/2017 In the Court of LXXXIV Addl. City Civil & Sessions Judge (CCH85 Commercial Court), Bengaluru Dated this the 31st day of January 2022 Present: Smt.H.R.Radha B.A.L., LL.M. LXXXIV Addl. City Civil and Sessions Judge, (CCH85 Commercial Court) Bengaluru Com.A.S.No.131/2017 & Com.A.S.No.143/2017 Plaintiff: M/s Alupro Building Systems Pvt. Ltd., a company incorporated under the Companies Act 1956 previously having its registered office at No.28, Race Course Road, Bengaluru 560 001 and presently having its registered and factory at No.89, Dabaspet Industrial Area, PhaseII, Nelamangala Taluk, Bengaluru 562 123, represented by its Director, Mrs.Gayatri Kapur (By Sri.P.B.Appiah, Adv.) Vs Defendant: 1. M/s SKL Hotels Pvt. Ltd., a Company incorporated under the companies Act 1956, having its registered office at No.270, 36th A Cross, 7th Block, Jayanagar, Bengaluru 560 082, represented by its Director Mr.S.Kanhayalal (Defendant by Sri.A.Sampath, Adv.) Respondent: Justice L. Sreenivasa Reddy (Retd.), Former Judge, High Court of Karnataka, C/o Arbitration Centre Karnataka, 3 rd Floor, East Wing, Khanija Bhavan, No.49, Race Course Road, Bengaluru 560 001. 2 Com.A.S.No.131/2017 & Com.A.S.No.143/2017 Date of Institution Com.A.S.No.131/2017 06102017 Com.A.S.No.143/2017 23102017 Nature of the petition U/Sec.34 of the Arbitration and Conciliation Act Date on which judgment 31012022 pronounced Total Duration Years Months Days Com.A.S.No.131/2017 04 03 26 Com.A.S.No.143/2017 04 03 09 LXXXIV Addl. City Civil & Sessions Judge (CCH 85 Commercial Court) Bengaluru COMMON JUDGMENT These petitions U/s 34 of the Arbitration and Conciliation Act, 1996 ('the Act' in short) are filed respectively by the respondent and the claimant in A.C.No.121/2015 for setting aside the award dated 25072017 passed by the sole arbitrator (hereinafter referred as the 'Arbitral Tribunal'). 3 Com.A.S.No.131/2017 & Com.A.S.No.143/2017 2. A.S.No.131/2017 was transferred from CCH5 to CCH39 by notification dated 23.03.2018 and then to CCH83 by notification dated 10.01.2019. A.S.No.143/2017 was transferred from CCH5 to CCH83 by notification dated 17.12.2019. 3. Subsequently both the cases were withdrawn from CCH83 and made over to this court by notification No.ADMI(A) 596/2021 dated 07.08.2021. 4. The parties are referred as per their original rank before the Arbitral Tribunal for clarity. 5. Brief facts leading to filing of the petitions are that the claimant was engaged by the respondent for fabrication and installation of structural glazing for the facade in respect of their hotel under construction. They entered into agreement dated 03.01.2012 and the cost was estimated at Rs.1,26,42,313/. During execution of the work, the respondent completely paid RA bill No.1 and 2 raised by the claimant. However, towards RA bill No.3 for Rs.41,69,385.94, the respondent paid only a sum of Rs.40,00,000/. By email dated 26.12.2012 the respondent requested the claimant to remove itself from the site and 4 Com.A.S.No.131/2017 & Com.A.S.No.143/2017 abruptly stopped all the works. In the meanwhile, the claimant raised RA bill No.4 claiming certain amounts and submitted on 26.12.2012. Letters were addressed and notice was also issued to the respondent demanding the balance under RA bill No.3 and the amount due under RA bill No.4 together with inter