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2018 Supreme(Del) 2160

NAVIN CHAWLA
Rail Vikas Nigam Ltd. – Appellant
Versus
Cobra Instalaciones Y Servicios, S. A – Respondent


Advocates Appeared:
For the Petitioner: Mr. Anil Seth & Mr. Udit Seth, Advs.
For the Respondent: Mr. Kamal Mehta, Adv.

JUDGMENT :

NAVIN CHAWLA, J.

1. This petition under Section 34 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the ‘Act’) has been filed by the petitioner challenging the Arbitral Award dated 25.06.2015 passed by the majority of the Arbitral Tribunal.

2. The disputes between the parties have arisen in relation to the work of Design, Supply, Erection, Testing & Commissioning of 25 KV, 50 HZ., Single Phase, Traction Over-Head Equipment, Switching Stations, Traction Substation, Feeding Post, Shunt capacitor bank and other associated works for Phase I work between Venkatachalam Road Jn. to Krishnapatnam including works of connecting Venkatachalam Road Jn. to main line at Venkatacha-lam station in connection with laying of New BG Line between Obulavaripalle-Krishnapatnam Section of South Central Railway, which was awarded by the petitioner in favour of the respondent vide Letter of Acceptance dated 12.03.2008. The parties had thereafter executed the Agreement dated 20.06.2008.

3. The first challenge to the Award is on the claim no. 1 of the respondent. This claim of the respondent was for the recovery of Rs. 2 crores allegedly wrongly adjusted by the petitioner agai
























































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