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2018 Supreme(Del) 455

JAYANT NATH
National Highways Authority of India – Appellant
Versus
Intercontinental Consultant and Technocrats Pvt. Ltd. – Respondent


Advocates Appeared:
For the Petitioner: Mr. Ravi Sikri, Mr. Mukesh Kumar, Mr. Deepak Yadav
For the Respondents: Mr. Anish Dayal, Mr. Siddharth Vaid

JUDGMENT :

JAYANT NATH, J.

1. This petition is filed by the petitioner under Section 34 of the Arbitration and Conciliation Act seeking to set aside the Award dated 10.6.2015 passed by the learned Sole Arbitrator.

2. The petitioner is a Statutory Body constituted under Section 3 of the NHAI Act, 1988. The petitioner entered into a Consultancy Services Agreement dated 28.1.2002 (hereinafter referred to as the 'Agreement') with the respondent regarding services for construction and supervision of 4-Laning and Strengthening of the Existing 2-Lane Section from Km 199.660 to Km 250.500 and from Km 250.500 to Km 307.500 on NH-2 in Uttar Pradesh under Fourth Loan Package of World Bank Project.

3. The contract price for the project was Rs.115,625,260/-. This was exclusive of local taxes which were estimated to be Rs.37,00,600/-. The work commenced from 31.3.2002 and was to be completed in 51 months i.e. on 30.06.2006. Some dispute arose between the parties pertaining to reimbursement of income tax paid to Government of India on behalf of the expatriate staff (Foreign Personnel Domiciled outside India) for consultancy services. The respondent/claimant claimed an amount of Rs.66,37,332/- on acco












































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