C.M.NAYAR
BHASIN CONSTRUCTION COMPANY PRIVATE LIMITED – Appellant
Versus
NTPC LIMITED – Respondent
( 1 ) THE present judgment will dispose of suit Nos. 1496-A/86 arising from arbitration proceedings between the parties. The arbitrator, Shri R. S. Gupta has moved this Court under Section 14 (2) of the Indian Arbitration Act and filed the award dated 7th May, 1986 and the proceedings. The respondent. National Thermal Power Corporation, New Delhi, (hereinafter called the corporation ) has impugned the award dated 7th May, 1986 by filing objections under Sections 30 and 33 of the Arbitration Act, 1940 (hereinafter REFERRED TO to as the act ). The other connected suit (Suit No. 1510-A/86) arises out of the award dated 15th May, 1986, rendered by the same arbitrator, in which the claim of the Corporation for refund of alleged excess payment of Rs-4,72,372. 74 for labour escalation was rejected with costs. This matter is being disposed of by a separate judgment but the facts are common as they arise out of the same contract.
( 2 ) THE brief facts of the cases are that the respondent-corporation is a Government of India undertaking and is engaged in establishing a chain of Super Thermal Power plants in the country for generating and for transmitting power (electricity
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