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2018 Supreme(Del) 1963

JAYANT NATH
NATIONAL HIGHWAYS AUTHORITY OF INDIA – Appellant
Versus
SOM DUTT BUILDERS-NCC(JV) – Respondent


Advocate Appeared:
For the Appellant :Ms.Bhavana, Advocate
For the Respondent:Mr.Milenka Chaudhary, Mr.Abhishek Sharma & Mr.Vineet Dwivedi, Advocates

JUDGMENT :

JAYANT NATH, J.

1. The present petition is filed under section 34 of the Arbitration and Conciliation Act, 1996 to impugn the award passed by the learned arbitral tribunal dated 14.02.2017. The majority award has been passed by the presiding arbitrator and the co-arbitrator rejecting the claims of the respondent except claim Nos.1 and 3. The second co-arbitrator Sh.Puran Chand has passed a separate award also rejecting all the claims of the respondent other than claim Nos.1 and 3. However, in the separate award, the quantification of the claims have been reduced.

2. The brief facts are that pursuant to the issuance of a notice inviting tenders, the respondent emerged as the highest successful bidder regarding the work of four laning and strengthening of existing two lanes between Km. 110 to Km.140 on NH-2 in the State of Bihar. Letter of acceptance was issued to the respondent on 23.02.2002. A contract agreement was executed on 27.03.2002. The stipulated date of commencement was 31.03.2002 and the entire project was to be completed within 36 months.

3. The project was di

























































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