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2018 Supreme(Del) 2384

PRATHIBA M.SINGH
Gail (India) Limited – Appellant
Versus
Newton Engineering & Chemicals Ltd. – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr. Nitesh Jain
For the Respondent: Mr. Vivek Chib, Mr. Kushal Gupta, Mr. Asif Ahmed, Ms. Ruchira Goel

JUDGMENT :

Prathiba M. Singh, J.

1. The present petition has been preferred challenging the award dated 29th January, 2009 passed by the Learned Sole Arbitrator Justice N.N. Goswami (Retired). The brief facts are that the Petitioner–GAIL, awarded a contract to the Respondent, for laying of the pipeline and corporate work of K.G. Basin-II. The arbitration clause was contained in clause 107 of the contract. The laying of pipeline and corporate work was for a length of 9.82 Kms in District Rajamundri, Andhra Pradesh. The Respondent was awarded the contract being the lowest bidder. The letter of acceptance was issued on 26th June, 2001 and the total value of the contract was Rs.2,46,76,104/- which was subsequently reduced to Rs.1.85 crores.

2. The date of commencement of work was 1st June, 2001 and the date of completion was four months i.e., 30th September, 2001. The factual aspects i.e. in respect of various extensions taken by the Respondent and the actual completion having been achieved only on 26th December, 2002, are not in dispute between the parties.

3. However, disputes arose in respect of the various deductions made by GAIL and the Respondent raised various claims. The Arbitral T
































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