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2012 Supreme(Del) 978

PRADEEP NANDRAJOG, PRATIBHA RANI
Gail (India) Ltd. – Appellant
Versus
Surya Roshini Ltd. – Respondent


Advocates Appeared:
For the Appellant:Jagjit Singh, Advocate.
For the Respondents:Samrat Nigam, & Ms. Ankita Mahajan, Advocates.

Judgment :

PRADEEP NANDRAJOG, J.

1. This is an appellate challenge to the award dated April 19, 2007 passed by the learned Sole Arbitrator insofar claim in sum of `61,72,728/-on account of the stated price difference between the costs of the pipe line actually laid and what was required to be laid has been declined.

2. The appellant, Gas Authority of India Ltd.(GAIL) had an agreement with National Thermal Power Corporation (NTPC) to supply natural gas at its power plant in village Mujheri, district Faridabad, Haryana, and for which, from the main pipeline already laid by GAIL from Bijapur to Dadri, a tap had to be provided at the said main line by GAIL at village Chainsa wherefrom the respondent/contractor, Surya Roshni Ltd. Had to lay down a 14 KM spur pipe-line of 14 inch diameter connecting the point of tap with the plant of NTPC in village Mujheri. This was as per a contract entered into between GAIL and Surya Roshni Ltd. The tender documents, gave in detail the chemical composition of the steel pipes, the tensile strength etc., and suffice would it be to highlight that the steel pipes were required to withstand a design pressure of 92 kg. per square centimeter and a hydrostatic


























































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