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2018 Supreme(Del) 737

YOGESH KHANNA
UNION OF INDIA – Appellant
Versus
NATIONAL PROJECT CONSTRUCTION CORP. LTD. – Respondent


Advocates Appeared:
For the Petitioner:Mr. N Prashant Kumar Nair, Advocate.
For the Respondent:Mr. Sanjoy Bhaumik, Advocate.

JUDGMENT :

YOGESH KHANNA, J.

1. This petition is under Section 34 of the Arbitration and Conciliation Act 1996 challenging the award dated 11.05.2015. The brief facts as alleged by the petitioner are :

(a) "Balance work of construction of 10 Nos. Major Bridges on Broad Gauge Railway Line across river of spans 9.15 Meter, 12.20 Meter and 30.50 Meter of PSC Girders on well foundations/open foundations with RCC abutments, Piers and other allied works like protection works from KM 72.400 to 113.750 in between Chakki Bank and Mukerian (including yards) in connection with doubling on Jalandhar Cant.-

Pathankot-Jammu Section" was awarded to the respondent for execution of the same subject to applicability of General Condition of Contract, 1999, Standard Specification of Northern Railway, 1987, Northern Railway Standard Schedule of Rates, 1996, The conditions regarding site data and specifications.

(b) The agreement was executed between the parties on 20.11.2002 vide agreement bearing No.74-W/1/1/294/WA/JUC which were signed by both the parties, as such, the terms and conditions mentioned therein are binding upon both the parties. The cost of the work was Rs.10,35,94,810.74 including as per add


































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