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2018 Supreme(Del) 1309

VIBHU BAKHRU
NATIONAL HIGHWAY AUTHORITY OF INDIA – Appellant
Versus
CHANDA ALLIED SERVICES – Respondent


Advocate Appeared:
For the Petitioner:Mr. Ankur Mittal, Mr. Abhay Gupta, Advocates.

ORDER :

VIBHU BAKHRU, J.

1. The petitioner (NHAI) has filed the present petition under Section 34 of the Arbitration and Conciliation Act, 1996 (hereafter 'the Act'), inter alia, impugning the arbitral award dated 15.01.2018 (hereafter ‘the impugned award') delivered by the Arbitral Tribunal constituted by the sole arbitrator, namely, Sh. N.S. Brar (hereafter 'the Arbitral Tribunal'). The impugned award was rendered in the context of disputes that had arisen between the parties in relation to the Contract for Departmental Collection of User Fee dated 01.05.2010 (hereafter 'the Agreement').

2. In terms of the Agreement, the respondent was engaged to collect user fee at the specified toll plaza. The term of the Agreement was for a period of three months commencing on 02.05.2010 and it expired on 02.08.2010.

3. NHAI had raised claims including for shortfall in collection of User Fee, which were dismissed by the Arbitral Tribunal as being barred by limitation. NHAI disputes the same and seeks to assail the impugned award as patently illegal and contrary to the fundamental policy of Indian Law.

Background facts

4. On 05.04.2010, NHAI issued a proposal for the right of Toll Collection at Booth



































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