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2020 Supreme(Del) 1338

JYOTI SINGH
National Highways Authority Of India – Appellant
Versus
Ijm-gayatri Joint Venture – Respondent


Advocates Appeared:
Manish K Bishnoi, Advocate, Anurag Sarda, Advocate, Umang Raj, Advocate, Jayant Mehta, Advocate, Angad Mehta, Advocate, P.D.V. Srikar, Advocate

JUDGMENT

Jyoti Singh, J. - Present petition has been filed under Section 34 of the Arbitration & Conciliation Act, 1996 (hereinafter referred to as "Act") challenging the Arbitral Award dated 09.08.2017. Claimant before the Arbitral Tribunal was M/s. I.J.M.-Gayatri (Joint Venture) who is the Respondent herein and is being referred to as the Respondent, hereinafter. The Respondent before the Arbitral Tribunal, National Highways Authority of India, the Petitioner herein would be referred to as Petitioner hereinafter.

2. Brief facts that need to be captured for adjudicating the present petition are that the Petitioner took up the Project pertaining to widening of 4/6 lanes and upgrading of existing 2 lane Road of NH-5 in the State of Andhra Pradesh from Km. 291.000 to Km. 358.000 of Ongole- Chilakaluripet-Contract Package AP-13, under the "Golden Quadrilateral" Scheme of Government of India. Being the lowest bidder, the Contract was awarded to the Respondent and an Agreement was executed on 25.05.2001. Notice to proceed with the work was issued by the Petitioner on 29.05.2001 in accordance with Clause 41.1 of Special Conditions of Contract (SCC) stipulating the dates of Commencement an

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