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2020 Supreme(Del) 1163

C. HARI SHANKAR
Larsen & Toubro Limited – Appellant
Versus
National Highways Authority of Inida – Respondent


Advocates Appeared:
R.V. Yogesh, Advocate, Snigdha Singh, Advocate, Manish Bishnoi, Advocate, Umang Raja, Advocate, Anurag Sarda, Advocate

JUDGMENT

C. Hari Shankar, J. - By this petition, under Section 11 (6) of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as "the 1996 Act"), the petitioner prays for appointment of an arbitrator, on behalf of Respondent No. 1 (hereinafter referred to as "NHAI"), to arbitrate on the disputes between the petitioner and NHAI.

    Facts

    2. On 25th February 2014, an Engineering Procurement and Construction (EPC) Contract (hereinafter referred to as "the Contract") was executed between the petitioner and NHAI, for development, maintenance and management of National Highway (NH) 8, over a stretch of approximately 6.745 km. The petitioner alleges that, owing to reasons not attributable to the petitioner, the contracted work could not be completed within the stipulated time, and was finally completed after a delay of 15 months. The petitioner further alleges that, as a consequence, it suffered various losses, which were duly brought to the notice of NHAI. Though the representative of NHAI had, purportedly, computed the admissible claims of the petitioner, the petitioner is not in agreement therewith. As a result, the petitioner asserts that disputes have arisen, between the p

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