I.A. No. 4430/1997

1. I.A. No. 4430/1997 in Suit No. 3022A/1996 are the objections under Sections 30 and 33 of the Arbitration Act, 1940, filed by the objector M/s. National Thermal Power Corporation Limited (NTPC). The objections are with respect to the Award dated 19.11.1996 of the Arbitration Tribunal comprising of three members, namely, Sh. P.P.

Dharwadkar, FIE Presiding Arbitrator, Justice Rajender Sachar, Retd. Chief Justice, Delhi High Court and Justice Avadh Behari Rohatgi, Retd. Judge of this Court. There are two Awards, a majority Award and a minority Award. The majority Award is of Sh. P.P. Dharwadkar and Justice Avadh Behari Rohatgi (Retd.) and the minority Award is of Justice Rajender Sachar (Retd.).

2. The disputes which arose between the parties pertain to the tender called for by the objector for design, manufacture, supply of pumps with erection, testing and commissioning of circulating water pumps (CW pumps) for the project of the objector at Ramagundam in the State of Andhra Pradesh. The non-objector (hereafter “Flowmore”) submitted its offer on 29.7.1979 and it was accepted by NTPC by issuing a Letter of Intent on 18.1.1980. Flowmore under the co