VIBHU BAKHRU
NATIONAL HIGHWAYS AUTHORITY OF INDIA – Appellant
Versus
PATEL – KNR (JV) – Respondent
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 27.12.2017 (hereafter 'the impugned award') to the extent that the respondent's claims have been sustained (except an award of Rs. 5,05,465/- made against a claim of painting of antiglare and pedestrian guard railing).
2. The impugned award was rendered in the context of disputes that had arisen between the parties with respect to the 'Contract Agreement' dated 17.10.2001 (hereafter 'the Agreement') and was delivered by the Arbitral Tribunal comprising of three arbitrators, namely, Sh. S.C. Sharma (Presiding), Sh. M.K. Aggarwal and Sh. P.V. Rama Raju (hereafter 'the Arbitral Tribunal').
3. The Arbitral Tribunal has awarded an aggregate sum of Rs.24,49,55,742/- in favour of the respondent (hereafter 'Patel'). The said amount comprises of (i) Rs.4,98,54,212/- on account of the balance payment due as per the certification of the Engineer (Claim No.1); (ii) Rs.5,05,465/-
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