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2018 Supreme(Del) 1830

S.RAVINDRA BHAT, A.K.CHAWLA
NATIONAL HIGHWAYS AUTHORITY OF INDIA – Appellant
Versus
ORIENTAL STRUCTURAL ENGINEERS PVT LTD – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. Narender Hooda, Senior Advocate with Ms. Gunjan Sinha Jain and Mr. Mukesh Kumar, Advs.
For the Respondent: Mr. Anil Airi, Sr. Adv with Mr. Ravi K. Chandna, Ms. Bindiya Longawney, Mr. Sukanya Lal, Advs.

JUDGMENT :

S. RAVINDRA BHAT, J.

1. The National Highways Authority of India (“NHAI” hereafter) appeals the rejection of its petition objecting to the award of an arbitral tribunal, under Section 34 of the Arbitration and Conciliation Act, 1996 (“the Act”).

2. NHAI entered into a contract dated 29th September, 2005 with the respondent (hereafter “the contractor”) who had to construct (for a consideration of Rs. 115,24,02,683/-) of New Four Lane Jhansi Bypass on National Highway 25 in the State of Uttar Pradesh, with the stipulated date of start as 21st November, 2005 and the stipulated date of completion as 20 May, 2008. The works were completed only on 31st August, 2010. Disputes arose with respect to payments to the contractor who invoked the arbitration clause; the matter was referred to arbitration by a tribunal, under the Act. The award granted was of Rs. 89,66,783/- with interest for wrongful certification of Bills of Quantity for construction of reinforced earth, precast concrete facia panel, RCC crash barrier etc. for the period till 31st August, 2010 and held the respondent entitled to further sums on similar basis for period subsequent to 31st August, 2010 and till final acco


























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