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2021 Supreme(Del) 1266

VIBHU BAKHRU
Union Of India – Appellant
Versus
Om Vajrakaya Construction Company – Respondent


JUDGMENT

Vibhu Bakhru, J. - The petitioner (hereinafter the Railway) 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 08.04.2020 (hereinafter the impugned award) passed by the Arbitral Tribunal constituted by Justice (Retd.) Anil Kumar as the Sole Arbitrator (hereinafter the Arbitral Tribunal).

2. The impugned award was rendered in the context of disputes that have arisen between the parties in relation to a contract signed between the parties on 16.12.2011 (hereafter the Contract).

Factual Matrix

3. On 13.01.2011, tenders were invited by the Railway for work described as Earth work in filling for embankment with contractors own earth and cutting to the required profile , Blanketing materials including compaction by vibratory roller, construction/extension of minor bridges less than 6.00 m, retaining wall and other allied works from Ch 0.00 km to Ch 22.71 kms between Ambala Cantt- Dhappar railway Stations in connection with Ambala-Dhappar doubling on UMB-KLK Section, with the overall

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