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2022 Supreme(Del) 1724

SURESH KUMAR KAIT
National Highways Authority Of India – Appellant
Versus
IRB Pathankot Amritsar Toll Road Ltd – Respondent


Advocates appeared:
Sudhir Nandrajog, Advocate, Nikhil Mehta, Advocate, Varun Sharma, Advocate, Vikram Nankani, Advocate, Saurabh Kirpal, Advocate, Mahesh Agarwal, Advocate, Sameer Rohatgi, Advocate, H.P. Chaturvedi, Advocate, M.V. Ravindran, Advocate, Ashish Batra, Advocate, Sarthak Sachdev, Advocate, Terresa R Daulat, Advocate, Apoorva Agarwal, Advocate

JUDGMENT

Suresh Kumar Kait, J. - The present petition has been filed under the provisions of Section 34 of arbitration and Conciliation act, 1996 challenging the arbitral award dated 13.07.2021 read with order dated 27.07.2021 passed by the learned arbitral tribunal.

2. In the present petition, it is stated that the Government of India entrusted the work of development, maintenance and management of Pathankot to amritsar Section of National Highways No.15 from km 6.082 to km 108.502 to the petitioner, for which petitioner invited proposals for design, build, finance, operate and on transfer basis the above referred Section of NH-15, shortlisted certain bidders including consortium comprising IRB Infrastructure Ltd. and Modern Road Makers Pvt. Ltd. with IRB Infrastructure Developers Ltd. as its Lead Member (henceforth referred to as the 'consortium'). after evaluation, petitioner accepted the bid of the consortium vide its letter of acceptance dated 27.07.2009. Respondent- IRB Pathankot amritsar Toll Road Ltd., by its letter dated 21.09.2009 also joined the consortium and thereafter, a Concession agreement dated 16.11.2009 was entered between the parties. In terms of the aforesaid Co

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