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2021 Supreme(Del) 952

VIBHU BAKHRU
National Thermal Power Corporation Limited – Appellant
Versus
Patel Engineering Limited – Respondent


Advocates appeared:
Mr. Tarkeshwar Nath, Advocate, for the Appellant; Mr. Dayan Krishnan, Senior Advocate, with Mr. Rishi Agrawala, Ms. Shruti Arora, Mr. Aakashi Lodha, Ms. Sukrit Seth, Advocate, for the Respondent.

JUDGMENT

Judgment Vibhu Bakhru, J. - The petitioner (hereinafter 'NTPC') 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 14.01.2020 (hereinafter 'the impugned award') delivered by the Arbitral Tribunal constituted of Dr. P.C. Markanda, ER. H.S. Dogra andER S.P. Banwait as the Presiding Arbitrator (hereafter 'the Arbitral Tribunal').

2. The impugned award was rendered in the context of disputes that have arisen between the parties in connection with the contract for execution of the "Penstok & Power House Package" for the Hydroelectric Power Project across river Bhagirathi in District Uttarkashi (hereafter 'Loharinag Pala HE Project'). The parties had entered into the formal agreement embodying the contract on 30.11.2006.

3. The controversy in the present case arises in the following context:

3.1 The main civil works of the Loharinag Pala HE Project were divided into the four packages:

    Contract Package 1 : Construction of Adits to HRT.

    Contract Package 2 : Construction of Head Race Tu

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