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D. Y CHANDRACHUD, PAMIDIGHANTAM SRI NARASIMHA, J. B. PARDIWALA
Konkan Railway Corporation Limited – Appellant
Versus
Chenab Bridge Project Undertaking – Respondent
JUDGMENT :
Pamidighantam Sri Narasimha, J.
1. This appeal arises out of the decision of the Division Bench of the High Court of Bombay under Section 37 of the Arbitration and Conciliation Act 1996,1[Hereinafter ‘the Act’.] by which the concurrent findings of the Arbitral Tribunal and that of the Single Judge of the High Court under Section 34 of the Act rejecting all claims were set aside and certain claims were allowed. This appeal by Konkan Railway Corporation Limited challenges the legality of the order passed by the Division Bench of the High Court while exercising jurisdiction under Section 37 of the Act.
2. The short facts relevant for the purpose of this appeal are as follows: The Respondent’s tender for construction of a bridge at KM 50/800, on the Katra-Laole section of Udhampur-Srinagar-Baramulla rail link, said to be the highest railway bridge in the world, was accepted by the Appellant, leading to the execution of the contract on 24.11.2004.
3. While the contract was in execution, disputes arose between the parties and through an agreement dated 28.02.2012, a Standing Arbitral Tribunal was constituted for resolution of disputes. The respondent raised 35 claims which were cl
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