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2019 Supreme(Del) 903

NAVIN CHAWLA
National Highways Authority Of India – Appellant
Versus
Pune Sholapur Road Development Company Limited – Respondent


Advocates:
Advocate Appeared:
Sudhir Nandrajog, Adv., Keshav Mohan, Adv., Rishi K Awasthi, Adv., Ritu Arora, Adv., Arun Kathpalia, Adv., Kaushik Laik, Adv.

JUDGMENT :

Navin Chawla, J.

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 30.11.2017 passed by the Arbitral Tribunal adjudicating the disputes that have arisen between the parties in relation to the Concession Agreement dated 30.09.2009 executed between the parties for the work of “Design, Engineering, Construction, Development, Finance, Operation and Maintenance of 4 laning of Pune Solapur Section of NH 9 from Km 144.400 to Km 249.000 in the State of Maharashtra under NHDP Phase III on Design, Build, Finance, Operate and Transfer (DBFOT) basis”.

2. The Arbitral Tribunal by the Impugned Award granted the following claims of the respondent:-

S. NO.

Description

As claimed

As awarded

I.

Damages under Clause 4.2 of the Concession Agreement

8.35

Nil

II.

Damages under Clause 10.3.4 of the Concession Agreement

3.18

Nil

III.

Compensation under Clause 35.2 of the Concession Agreement, or otherwise under law





































































































































































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