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2022 Supreme(Del) 363

VIBHU BAKHRU
Chintels India Ltd. – Appellant
Versus
Bhayana Builders Pvt. Ltd. – Respondent


Advocate Appeared:
For the Appellant :Mr Rajshekhar Rao, Senior Advocate with Mr Arshdeep Singh, Mr Kotla Harshavardhan, Ms Mansi Sood, Mr Areeb Amanullah, Ms Vishakha Gupta & Mr Shreedhar Kale, Advocates.
For the Respondent:Mr Saurav Kirpal, Senior Advocate with Ms Manmeet Kaur, Ms Anjali Dwivedi & Mr Chandan Malav, Advocates.

JUDGMENT :

Vibhu Bakhru, J.

1. The petitioner (hereinafter ‘Chintels’) 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 03.05.2019 (hereinafter ‘the impugned award’) delivered by the Arbitral Tribunal comprising of Mr. J.D. Pahuja, Mr. N.N. Chakraborty and Mr. Sant Bhushan Lal as the Presiding Arbitrator (hereinafter the ‘Arbitral Tribunal’). The impugned award was delivered by majority with Mr. J.D. Pahuja rendering a partially dissenting opinion.

2. The impugned award was rendered in the context of disputes that have arisen between the parties in connection with a contract dated 14.03.2011 (hereinafter the ‘Contract’).

Factual Context

3. Tenders were invited by Chintels for the works relating to Civil, Structure, Electrical Conduiting and Finishing Work for a real estate development known as Chintels Paradiso, Sector-109, Gurgaon (hereinafter the ‘Project’) comprising of nine state-of-the-art modern towers with 542 apartments, which were to be constructed in two phases. Phase

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