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2009 Supreme(Del) 449

MUKUL MUDGAL
National Thermal Power Corporation Ltd. – Appellant
Versus
Wig Brothers Builders and Engineers Ltd. – Respondent


Advocates Appeared:
Mr. R.P. Bhat, Sr. Advocate, with Mr. Chirag M. Shroff, Advocate.
Mr. P.V. Kapoor, Sr. Advocate, with Mr. Jeevesh Nagrath, Advocate.

MUKUL MUDGAL,J.

1. These are objections filed under Section 34 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as ‘the Act’) read with Sections 12, 13, 16, 18, 28(3) and 31 of the Act by the petitioner-National Thermal Power Corporation (for short ‘NTPC’) against the Awards of the Arbitral Tribunal dated 13th September, 1999 and 25th June, 2002.

2. The disputes between the parties arose from a lump sum contract for 4 Cooling Towers of reinforced cement concrete 120 Metres high along with RCC basin for collection of cooled water and arrangement of RCC channels and AC Pipes provided horizontally for sprinkling of hot water through nozzles over layers of PVC serrated sheets, for the purpose of cooling of hot water from 43 Degree C. to 32 Degree C. through natural draft created in the towers. However, the supply of hot water and distribution of cold water from the basin was outside the scope of the contract.

3. The contract, inter-alia, provided for foreign collaborators and their design for structural and thermal attributes of the Cooling Towers, for supply of cement and steel free of cost by NTPC, for variation in the quantity of such cement and steel on cert























































































































































































































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