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2017 Supreme(Del) 1075

INDIRA BANERJEE, ANIL KUMAR CHAWLA
SSANGYONG ENGINEERING & CONSTRUCTION CO LTD. – Appellant
Versus
NATIONAL HIGHWAYS AUTHORITY OF INDIA (NHAI) – Respondent


Advocates Appeared:
For the Appellant :Mr. Arvind Nigam Sr. Advocate with Mr. Navin Kumar & Ms. Rasmeet Kaur, Advs.
For the Respondent: Mr. S. Nanda Kumar, Mr. Parivesh Singh & Ms. M.S. Saran Kumar, Advs.

JUDGMENT :

INDIRA BANERJEE, J.

1. This Appeal is against a judgment and order dated 09.08.2016 of the Learned Single Judge, dismissing the petition of the appellant under Section 34 of the Arbitration and Conciliation Act, 1996, for setting aside an arbitral Award dated 02.05.2016, made by the majority of the arbitrators constituting the Arbitral Tribunal.

2. The Appellant, a multinational company registered under the laws of the Republic of Korea, is engaged in the field of infrastructure development, including construction of roads, highways, dockyards and various other projects across the world.

3. The Respondent, National Highways Authority of India, hereinafter referred to as NHAI, is a Government of India Undertaking responsible for the construction of National Highways throughout the country.

4. By a letter dated 30.12.2005, Respondent NHAI awarded to the appellant, the contract for the work of construction of the 4-Lane Sagar By-pass from Km 297 to Km 351 on National Highway (NH) No.26 in the State of Madhya Pradesh (Contract Package - ADB-II/C-5) for a total contract value of Rs.219,01,16,805/- (Rupees Two Hundred Nineteen crores, one lac, sixteen thousand eight hundred five on





































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