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2016 Supreme(Del) 2076

GITA MITTAL, I.S.MEHTA
NATIONAL HIGHWAYS AUTHORITY OF INDIA – Appellant
Versus
ORIENTAL PATHWAYS (NAGPUR) PVT LTD. – Respondent


Advocates Appeared:
For the Appellant :Mr. Ravi Gupta, Sr. Advocate with Ms. Madhu Sweta and Mr. Saurabh Bindal, Advocates.
For the Respondent:Mr. Anil Airi, Sr. Advocate with Mr. Ravi Kishan Chandna, Mr. Aman Madan and Mr. Ishan Khanna, Advocates.

JUDGMENT :

GITA MITTAL, J.

       1. This appeal is yet another unwarranted challenge to an order deciding NHAI’s objections (under Section 34 of the Arbitration and Conciliation Act, 1996) against an arbitral award against it. In the present case, the learned Single Judge has be the impugned order dated 6th of May 2015 rejected OMP No.1112/2014 being the objections of the National Highways Authority of India (hereinafter referred to as “NHAI”) under Section 34 of the Arbitration & Conciliation Act, 1996, to the arbitral award dated 19th May, 2014.

2. The arbitral award was rendered in arbitration relating to a Concession Agreement dated 10th March, 2006 for the “Improvement, Operation and Maintenance including Strengthening and Widening of existing 2 lane Road to 4 lane Road dual carriage way from Km 50.000 to Km 100.00 of NH 6 (Kondhaii -Talegaon Section) in the State of Maharashtra on BOT basis”.

3. Inasmuch as, the appellant has pressed challenged only to the award and the order relating to dispute Nos.(ii) & (iii), we confine our consideration only to the limited challenge pre































































































































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