B L Kapur Memorial Hospital vs Kothari Associates Pvt Ltd. on 24 November, 2016

1. The challenge in this petition under Section 34 of the Arbitration and
Conciliation Act, 1996 („Act‟) is to an Award dated 10th July 2013 passed by
the sole Arbitrator in the disputes between the parties arising out of
Consultancy Agreement dated 8th December 2004.

2. The Petitioner, which is stated to be a unit of Lahore Hospital Society,
provides tertiary healthcare service. The Respondent company is engaged in
the business of providing architectural and structural design consultancy
services for turnkey projects. In terms of the above Consultancy Agreement,
Respondent was to provide consultancy for architectural utilities for setting
up a new state of the art super speciality hospital at New Delhi. The
Petitioner was to pay the Respondent a lump sum consideration of Rs.1
OMP No. 1126 of 2013 Page 1 of 9
crore. In terms of clauses 4.2, 4.3 and 22 of the Consultancy Agreement,
there could be no escalation or extra payment.

Source: Indian Kanoon

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