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2018 Supreme(Del) 263

C.HARI SHANKAR, GITA MITTAL
National Highways Authority of India. – Appellant
Versus
Hindustan Construction Co. Ltd. – Respondent


Advocates Appeared:
For the Appellants : Ms. Gunjan Sinha Jain and Mr. Mukesh Kumar, Advs.
For the Respondents: Mr. Dayan Krishnan, Sr. Adv. with Mr. Rishi Agrawala, Ms. Malavika Lal, Ms. AakashiLodha and Mr. Sanjeevi Seshadri, Advs.

JUDGMENT :

C. HARI SHANKAR, J.

1. The National Highways Authority of India (NHAI) has, in FAO(OS) 192/2017 and FAO(OS) 195/2017,filed under Section 37 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as “the 1996 Act”), challenged a common judgment, dated 20th April 2017, passed by the learned Single Judge of this Court in OMP 1556/2014 and OMP 1165/2014 respectively, under Section 34 of the 1996 Act. The said OMPs assailed Arbitral Awards, dated 22nd July 2014 and 28th May 2014 respectively, passed by two different three member Arbitral Tribunals, in disputes that had arisen between the appellant and the respondent. The impugned judgment, dated 20th April 2017 also adjudicated OMP(COMM) 156/2016 between the present appellant and the respondent, which arose out of a third Award, dated 13th June 2015. The said decision, too, has been challenged, by the appellant, vide FAO (OS) (COMM) 154/2017. Though these three FAOs had initially been listed together, FAO (OS) (COMM) 154/2017 was, subsequently de-tagged, and now stands adjourned to 20th April 2018.

2. As such, this judgment disposes of FAO(OS) 192/2017 and FAO(OS) 195/2017.

3. Having heard Ms. Gunjan Sinha Jain, f












































































































































































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