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2015 Supreme(Del) 940

RAJIV SAHAI ENDLAW
National Highways Authority of India – Appellant
Versus
Oriental Structural Engineers Private Limited – Respondent


ORDER

1. This petition, under Section 34 of the Arbitration and Conciliation Act, 1996, seeks setting aside of the unanimous arbitral Award dated 22.8.2014, of the Arbitral Tribunal comprising of a nominee of the petitioner and the nominee of the respondent and a presiding Arbitrator of the choice of the nominees of the two parties, to the extent the same allows the Claims Nos. 2 to 6 of the respondent against the petitioner (Claim No. 1 of the respondent against the petitioner was disallowed).

2. The petition came up before the Court first on 22.12.2014 when after hearing extensively the senior counsel for the petitioner, orders were reserved.

3. The arbitral award emanates from the claims of the respondent against the petitioner under the contract dated 29.9.2005 for a price of Rs. 115,24,02,683/- between the parties for construction by the respondent of New Four Lane Jhansi Bypass on National Highway 25 in the State of Uttar Pradesh for the petitioner, with the stipulated date of start as 21.11.2005 and the stipulated date of completion as 20.5.2008. The works were however completed only on 31.8.2010.

4. The petitioner seeks setting aside of the arbitral award to the extent:-

(i)

































































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