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Judgment
Arindam Sinha, J
Mr. Bhokta, learned advocate appears on behalf of appellant and submits, his client was employer. His client wanted work done, inter alia, on interior design and by work order dated 27th March, 2012, engaged respondent. Subsequent thereto agreement dated 8th June, 2012 was entered into, which by clause-6 therein made time essence of the contract. Design work was to be completed by 15th November, 2012. Mr. Bhokta submits, respondent did not do the work and ultimately by letter dated 12th July, 2014 the work was terminated. Respondent vacated the site on 13th July, 2015.
On query from Court Mr. Dwivedy, learned advocate appears on behalf of respondent and submits, commencement of the reference was by notice dated 25th March, 2017 issued by appellant. On further query from Court Mr. Bhokta refers to paragraph-12 in the award, wherein there is summary of his client’s claims made in the reference. It appears appellant had claimed Rs.3,76,35,234/- as summarized in page-140 of the statement of claim. Further, compensation was also claimed. On yet further query from Court Mr. Bhokta submits, main claim was based on expenditure made by his client to get the work done by third parties.
It appears from impugned award that respondent had made counter claim. Upon adjustment of entitlement to claims, the Tribunal awarded Rs.5,21,60,618/- to respondent.
On query from Court it has been ascertained that respondent vacated the site on 30th July, 2014. On further query from Court Mr. Bhokta submits, respondent filed counter claim on 19th September, 2018. Mr. Dwivedy disputes to submit, counter claim was filed on 7th April, 2017.
Parties are directed to produce documents to substantiate the events recorded above. Court expects assistance from both parties.
List on 18th July, 2022 as prayed for by Mr. Dwivedy. Interim order to continue till next date.
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