High CourtsSingle Bench(2021) 01 DEL CK 0235

M/S. Jay Prestressed Products Ltd vs Union Of India Through Northern Railways

Delhi High Court · Decided on 25 January 2021

HON’BLE JUDGES
Prathiba M. Singh, J
RESULT
Disposed Of
CASE NUMBER
Transfer Petition (Civil) No. 6 Of 2021, Civil Miscellaneous Application No. 1635 Of 2021

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Judgment

16 paragraphs · 244 words

S. No.,Letter imposing Liquidated Damages,Amount of LD,Awarded amount

1.,187-S/10/B/TS/JPP/C S-162 dated 18.12.2012,"Rs.88,58,173/-","Rs.4,97,589/-

2.,187-S/10/B/TS/JPP/C S-162 dated 29.08.2012,"Rs.80,699,10/-","Rs.5,37,041/-

3.,187-S/10/B/TS/JPP/C S-162 dated 01.12.2011,"Rs.16,03,708/-","Rs.25,88,796/-

4.,187-S/1017/TS/JPP/C S-162 dated 22.02.2012,"Rs.13,35,475/-","Rs.25,88,796/-

Arbitrators/Arbitral Tribunals for different claims/disputes arising from the same contract, or same series of contracts.â€​",,,

7.

There is no doubt as to the fact that the parties in all the petitions are the same. The contract concerned is also the same, however, the liquidated",,,

damages imposed are for different claims and four separate awards have been passed. This Court is of the opinion that the validity and otherwise of,,,

the imposition of liquidated damages ought to be comprehensively considered in one case, inasmuch as if the same are adjudicated before different",,,

forums, there is a possibility of there being contradictory findings.",,,

8.

Since the background of the liquidated damages may be similar in nature, it is deemed appropriate to transfer the two petitions pending before the",,,

Patiala House Courts i.e., OMP (Comm) No.127/2019 & 128/2019, to this Court, to be heard and disposed of along with OMP (Comm) No.352/2019",,,

& 342/2019. The said petitions are stated to be listed before the appropriate Bench on 1st March, 2021. Accordingly, the Registry is directed to",,,

summon the records of the two cases pending before the Patiala House Courts and list the same along with the matters pending before this Court on,,,

1st March, 2021.",,,

9.

The present petitions are disposed of in the above terms. All pending applications are also disposed of.,,,