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2022 Supreme(Del) 1509

VIBHU BAKHRU
Ircon International Limited – Appellant
Versus
PT-Rahee JV – Respondent


Advocates appeared:
Mr Suman K. Doval, Advocate, for the Appellant, Mr Gourab Banerji, Senior Advocate With Mr Anshuman Pande, Ms Gaurika Mohan And Ms Vishalakshi Singh, Advocates, for the Respondent.

JUDGMENT

Vibhu Bakhru, J. - The petitioner (hereafter "Ircon") has filed the present petition impugning the Arbitral Award dated 19.12.2020 (hereafter the "impugned award") passed by the Arbitral Tribunal comprising of a Sole Arbitrator (hereafter the "Arbitral Tribunal").

Factual Background

2. On 10.02.2009, the East Central Railways under the Ministry of Railways through its Tender No. 22 of 2008-2009 awarded Ircon the project of "Construction of Steel Superstructure and Other Ancillary Works of Rail-cum-road Bridge Across River Ganga at Patna" (hereafter the "Project").

3. Ircon, in turn, issued a Notice Inviting Tender (NIT) on 27.06.2008, in respect of works pertaining to "Fabrication of 17x 123 m + 2 x 64m triangulated steel bridge girders for new rail-cum-road bridge over river Ganges (Ganga) at Patna by setting up of field workshop on the Dighaghat end (South End) of river Ganges including leading of structural steel from Fatuha Stockyard, shop painting and trail assemble of one span of each type in the shop as a complete job", arising out of the aforesaid Project.

4. The respondent was declared as the lowest bidder and accordingly, Ircon issued a Letter of Award (LoA) dated 22.

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