R.BANUMATHI, INDU MALHOTRA, ANIRUDDHA BOSE
PATEL ENGINEERING LTD. – Appellant
Versus
NORTH EASTERN ELECTRIC POWER CORPORATION LTD. (NEEPCO) – Respondent
ORDER
1. These special leave petitions arise out of the impugned order dated 10.10.2019 passed by the High Court of Meghalaya at Shillong in and by which the High Court declined to entertain the review petitions filed by the petitioner seeking review of the judgment and order dated 26.02.2019 in Arbitration Appeal Nos.3, 4 and 5 of 2018 on the ground that no ground for review is made out and that there is a delay in filing the application for review.
2. We have heard Mr. Harish Salve and Mr. Neeraj Kishan Kaul, learned Senior counsel appearing on behalf of the petitioner. On behalf of the respondent, we have heard Mr. Tushar Mehta, learned Solicitor General and Mr. Huzeffa Ahmadi, learned Senior counsel at some length, even at the time of the admission.
3. The learned sole arbitrator has passed the arbitral award dated 29.03.2016 in respect of Package-I holding as follows:-
"Based on my findings above, I have no hesitation in coming to the considered finding that the contract itself provides rate(s) for payment of extra lead in item Nos.2.7 and 3.4 of the BOO for surface and underground structures respectively. Admittedly material had been transported from a lead much longer than that
Durga Shankar Mehta v. Thakur Raghuraj Singh and Others (1955) 1 SCR 267 – Referred [Para 8]
Shanker Motiram Nale v. Shiolalsing Gannusing Rajput (1994) 2 SCC 753 – Referred [Para 8]
Oil & Natural Gas Corporation Ltd. v. Saw Pipes Ltd. (2003) 5 SCC 705 – Relied [Para 13]
Associate Builders v. Delhi Development Authority (2015) 3 SCC 49
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