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2023 Supreme(Del) 655

CHANDRA DHARI SINGH
Tehri Hydro Development Corporation India Limited – Appellant
Versus
C. E. C. Limited – Respondent


Advocate Appeared:
For the Petitioner:Mr. Puneet Taneja, Ms. Prity Sharma, Ms. Laxmi Kumari and Mr. Manmohan Singh Narula, Advocates with Mr. Tarul Sharma
Mr. Ratan Kumar Singh, Sr. Advocate with Mr. Rajeev Gurung, Advocates

JUDGMENT :

CHANDRA DHARI SINGH, J.

The instant petition under section 34 of the Arbitration and Conciliation Act, 1996 (hereinafter “the Act, 199”) has been filed on behalf of the petitioner seeking the following reliefs:

    “In the view of aforementioned submissions, it is most respectfully prayed that this Hon'ble Court may be pleased to:

(a) Set aside the impugned Arbitral Award dated 04.08.2020 passed by the Learned Arbitral Tribunal;

Pass such further or other orders as this Hon'ble Court may deem fit in the facts and circumstances of the case in favour of the Petitioner and against the Respondent herein.”

FACTUAL MATRIX

2. The facts necessary for the disposal of this instant petition are that the petitioner is Tehri Hydro Development Corporation India Limited, the employer/respondent in the Arbitration and the respondent is M/S C. E. C. Limited, the contractor/claimant in the Arbitration. The petitioner and the respondent entered into a Contract Agreement No. 1/TDC-1/1981-82 for the construction of four circular head race tunnels having a diameter of 8.5m and approximate lengths 1100, 1200, 1450, and 1500 meters leading to bottoms of four underground surge tanks for the underground pow

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