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2017 Supreme(Del) 2003

S.RAVINDRA BHAT, S.P.GARG
NATIONAL HIGHWAYS AUTHORITY OF INDIA – Appellant
Versus
CEC-HCC JOINT VENTURE – Respondent


Advocates Appeared:
For the Appellant : Mr. Rajiv Kapoor
For the Respondents: Mr. Darpan Wadhwa, Mr. Rishi Agrawala, Ms. Niyati Kohli, Mr. Arnav Kumar

JUDGMENT :

S. RAVINDRA BHAT, J.

1. The National Highways Authority of India (hereinafter referred to as ‘NHAI’) challenges the decision of the learned Single Judge rejecting its objections under Section 34 of the Arbitration and Conciliation Act 1996 (hereinafter ‘the Act’) to an Award made by a majority of the Arbitral Tribunal, announced on 31.3.2014. The subject matter of the Arbitration were claims of the respondent-CEC-HCC Joint Venture (hereinafter the ‘contractor’), in respect of an agreement for the work of Rehabilitation and Upgrading of KM 253.00 to KM 316.00 of NH-76 to 4 lane configuration in the State of Rajasthan, (EW-II) known as Construction Package EW-11 RJ-7 (hereinafter the ‘work’).

2. The contractor successfully bid for and was awarded the work. The tender specified the General Conditions of the Contract. This was followed by signing of the contract which contained General Conditions of Contract and Special Conditions of Contract as well as what were known as Conditions of Particular Application (‘COPA’). The agreed date of completion of work was 26.04.2008. The actual date of completion was 5.12.2008. The total extended period was 7.33 months. The value of the con






























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