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2018 Supreme(Del) 3089

NAVIN CHAWLA
National Highways Authority of India – Appellant
Versus
Gammon Engineers and Contractor Pvt. Ltd. – Respondent


Advocates Appeared:
For the Petitioners: Mr. Sudhir Nandrajog, Sr. Adv. with Mr. Santosh Kumar & Mr. Manan Gill, Advs.
For the Respondents: Ms. Awantika Manohar & Ms. Khushboo Kumari, Advs.

JUDGMENT :

NAVIN CHAWLA, J.

1. This petition under Section 14 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the ‘Act’) has been filed by the petitioner seeking termination of the mandate of the Arbitral Tribunal adjudicating the disputes that have arisen between the parties in relation to the Agreement dated 07.02.2006, for work of widening and strengthening to 4 lane of the existing single/ intermediate lane carriageway of NH-57 section from km -230.00 to km 190.00 (Forbesganj-Simrahi Section) in the State of Bihar on East West Corridor under NHDP Phase-II (Contract Package C-II/BR-3) awarded by the petitioner to the respondent.

2. The above said Agreement contains an Arbitration Agreement in form of Clause 5 thereof which is reproduced herein below:-

“5. The parties are desirous that the remuneration and other expenses payable to the Arbitrators as per arbitration clause for referring the dispute between the parties arising out of the said Contract to the Arbitral Tribunal for resolution in accordance with the procedure laid down there in, shall be as













































































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