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2018 Supreme(Del) 2163

NAVIN CHAWLA
National Highways Authority of India – Appellant
Versus
Ssangyong Engineering & Construction Co. Ltd – Respondent


Advocates Appeared:
For the Petitioner: Mr. Manish K. Bishnoi & Ms.Tanvi Sapra, Advs.
For the Respondent: Mr. Navin Kumar, Ms. Rashmeet Kaur & Ms. Arpana Majumdar, Advs.

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 12.10.2017 passed by the Sole Arbitrator adjudicating the disputes that have arisen between the parties in relation to the work of Rehabilitation and Up-gradation to Four Laning of Jhansi-Lakhanadon Section Km 297 to Km 351 of NH-26 in the Sate of Madhya Pradesh-Contract Package ADB-11/C-8.

2. The challenge of the petitioner, when it had filed the present petition, was on the following grounds:-

(a) That the Arbitrator while granting the claim of the respondent with respect to replacement of Black Cotton Soil in the Retained Soil Zone of the RE Walls structure, has failed to consider the submission of the petitioner with respect to Clauses 3101, 3104, 3105 of Technical Specifications;

(b) That the Arbitrator has failed to appreciate that the petitioner while submitting its bid had offered a discount of 31.645%, therefore, even assuming that the respondent was entitled to its claim, the said discount had to be applied even to this portion of the claim.

(c) That the Arbitrator

































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