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2019 Supreme(Del) 983

RAJIV SHAKDHER
Jaiprakash Associates Limited – Appellant
Versus
NHPC Limited – Respondent


Advocates Appeared:
Lovkesh Sawhney, Adv., Tarekshwer Nath, Adv., Saurabh Kumar Tuteja, Adv., Mahavir Rawat, Adv., Niti Singh, Adv., Bhawna, Adv.

JUDGMENT :

Rajiv Shakdher, J.

IA No. 2419/2019

1. The captioned interlocutory application represents objections filed on behalf of the defendant i.e. NHPC Limited (hereafter referred to as "NHPC") under Sections 30 & 33 of the Arbitration Act, 1940 (in short "1940 Act").

2. The application was heard by me at some length on 04.04.2019. In the proceedings held on that date, I had recorded the submission of counsel for parties with regard to the main issue at hand. While I wanted to dispose of the matter on 04.04.2019, I was persuaded by Mr. Nath, who, appears for NHPC, to stand over the matter as he wanted to place on record certain judgments for my consideration.

2.1 Therefore, after recording the submission of counsel of both sides, and after setting out my prima facie view, I had stood over the matter till today i.e. 08.04.2019.

2.2 Thus, in order to avoid repetition, and for the sake of convenience, the relevant part of my order dated 04.04.2019 is extracted hereafter.

"2. These objections have been preferred by NHPC Limited company (NHPC), qua the award dated 09.02.2018, as clarified by the order dated 28.03.2018.

3. Upon notice being issued in CS(Comm.) 907/2018, the arbitral tribu



































































































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