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2018 Supreme(Del) 604

VIBHU BAKHRU
Indo Nabin Projects Ltd. – Appellant
Versus
Powergrid Corporation of India Ltd. – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr. Sudhir Nandrajog, Mr. Anand Kumar Jha

ORDER :

Vibhu Bakhru, J.

1. The petitioner has filed the present petition under Section 34 of the Arbitration and Conciliation Act, 1996 (hereafter ‘the Act’) impugning an arbitral award dated 13.10.2017 (hereafter ‘the impugned award’) delivered by an Arbitral Tribunal constituted of three Arbitrators ? Justice Sh. S.R. Singh (Retired), Presiding Arbitrator Justice Sh. C.S. Rajan (Retired) and Sh. J. Kumar, Advocate (hereafter ‘the Arbitral Tribunal’). The impugned award was delivered in the context of the disputes that had arisen between the parties in relation to two Contract Agreements entered into between the parties on 27.10.2010, inter alia, entailing execution of works relating to WR Pooling Substation work at Bilaspur. The execution of the said works has been inordinately delayed.

2. The petitioner claimed that the delay has been caused due to reasons attributable to the respondent. This was accepted by the Arbitral Tribunal.

3. In view of the delay caused, the petitioner made a claim, inter alia, on account of overheads and loss of profits with respect to the period beyond the initial term of the contract. The petitioner’s grievance is that although the Arbitral Tribunal has


























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