gammon india limited vs konkan railway corporation ltd

Judgment text excerpt

Neeta Sawant APP-255-2007-JR-FC IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION APPEAL NO. 255 OF 2007 IN ARBITRATION PETITION NO.327 OF 2006 Gammon India Limited Gammon house, Veer Savarkar Marg, Prabhadevi, Mumbai – 400 025. ….. Appellant (Original Respondent) :Versus: Konkan Railway Corporation Ltd., Belapur Bhavan, Plot No.6, Sector 121, CPC Belapur, Navi Mumbai – 400 0614. ….. Respondent (Original Petitioner) ___________________________________________________________ Mr. Amrut Joshi with Mr. Yazad Udwadia and Mr. Aditya Mhatre i/b Mr. Akshay Zantye, for the Appellant. Mr. Tushad Kakalia with Mr. D. J. Kakalia, Mr. Paresh Patkar and Mr. Ayan Zariwalla i/b Mulla & Mulla & Craigie Blunt & Caroe, for the Respondent. ___________________________________________________________ CORAM : ALOK ARADHE, CJ. & SANDEEP V. MARNE, J. RESERVED ON : 16 July 2025 PRONOUNCED ON : 22 July 2025 JUDGMENT (Per Sandeep V. Marne, J.): 1) This is an Appeal filed under the provisions of Section 37 of the Arbitration and Conciliation Act, 1996 (the Act) challenging the Page No.1 of 24 22 July 2025 Neeta Sawant APP-255-2007-JR-FC order dated 16 November 2006 passed by the learned Single Judge of this Court in Arbitration Petition No.327/2006, in which Award passed by the Arbitral Tribunal was challenged under Section 34 of the Act. By the impugned order dated 16 November 2006, the learned Single Judge has allowed Arbitration Petition No.327/2006 and has set aside the Arbitral Award, by which three claims of the Appellant towards electricity charges, price variation on account of increase in minimum wages and extra cost of excavation were allowed by the Arbitral Tribunal. 2) Brief facts leading to filing of the present petition are that Konkan Railways Corporation