VIBHU BAKHRU
SOWIL LIMITED – Appellant
Versus
INDIAN HIGHWAYS MANAGEMENT COMPANY LIMITED – Respondent
JUDGMENT :
VIBHU BAKHRU, J.
1. The petitioner (hereafter “SOWIL”) has filed the present petition impugning the Arbitral Award dated 10.11.2021 (hereafter the “impugned award”) passed by the Arbitral Tribunal comprising of a Sole Arbitrator (hereafter the “Arbitral Tribunal”). The said award was rendered in the context of disputes that have arisen between the parties in connection with an agreement dated 28.10.2014 (hereafter the “Agreement”).
Factual Background
2. SOWIL is a company incorporated under the Companies Act, 1956. The respondent (hereafter “IHMC”) is also an incorporated company and is engaged in providing services pertaining to management of toll collection on national highways through electronic toll systems. IHMC is, inte-alia, engaged in the activity of assessing the volume of traffic on National Highways; to standardize the process of data collection and for creating a central data repository through traffic surveys using portable Automatic Traffic Counter-cum-Classifiers (hereafter “ATCC”).
3. The Ministry of Road, Transport and Highways (hereafter “MORTH”), Government of India had instructed IHMC to conduct traffic surveys at around 1600 locations on National Highways
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