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2021 Supreme(Del) 457

VIBHU BAKHRU
NATIONAL PROJECTS CONSTRUCTION CORPORATION LIMITED – Appellant
Versus
INTERSTATE CONSTRUCTION COMPANY – Respondent


Advocate Appeared:
For the Appellant :Mr Rajat Arora and Ms Renu Bhandari, Advocates.
For the Respondent:Mr M. Lall and Mr Sajjan Singh, Advocates.

JUDGMENT :

VIBHU BAKHRU, J

1. National Projects Construction Corporation Limited (hereinafter ‘NPCC’) has filed the present petition under Section 34 of the Arbitration and Conciliation Act, 1996 (hereinafter the ‘A&C Act’) impugning an arbitral award dated 28.10.2020 (hereafter ‘the impugned award’) rendered by the Arbitral Tribunal comprising of Justice (Retired) R.C. Jain, as the Sole Arbitrator.

2. The impugned award was rendered in the context of disputes that had arisen between the parties in connection with the two separate Work Orders: (i) Work Order No. 917344/838 dated 19.06.1984 in respect of the work “excavation of foundation package work-II 3 x 500 MW of National Thermal Power Corporation Limited, Ramagundam Super Thermal Power Project, Ramagundam”; and (ii) Work Order No. 917344/2382 in respect of “Foundation package work etc. Ramagundam”. NPCC was engaged by National Power Thermal Corporation (NTPC) for execution of certain works. NPCC, in turn, had entered into the contract with the respondent for completion of the said works in terms of the aforementioned Work Ord

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