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2023 Supreme(Del) 2376

SURESH KUMAR KAIT, NEENA BANSAL KRISHNA
Bharat Heavy Electricals Limited – Appellant
Versus
Zillion Infraprojects Pvt. Ltd. – Respondent


Advocate Appeared:
For the Appellant :Ms. Mani Gupta, Ms. Iti Pandey & Ms. Sonali Jain, Advocates.
For the Respondent:Mr. Sumit Kumar & Ms. Shivani Shukla, Advocates.

JUDGMENT :

NEENA BANSAL KRISHNA, J

1. The present Appeal under Section 37(1) (c) of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the “Act, 1996”) has been preferred against the Order dated 10.11.2020 of the learned District Judge, Commercial Courts-03, Patiala House Courts dismissing the Objections preferred under Section 34 of the Act, 1996 against the interim Award dated 13.08.2020 passed by the learned Arbitrator.

2. Facts in brief are that the appellant invited Tender bearing No. BHEL/NR/SCT/GVKGOINDWAL/BOILER/709 for erection, testing, commissioning and trail operation of boilers, including ESP, rotating machines and piping of 2X270 MW Units (Unit I & II) at GVK, Goindwal Thermal Power Station, District Tarantaran, Punjab. The Contract was awarded to the respondent for an amount of Rs. 380,000,000/- vide Letter of Intent bearing No. BHEL/NR/SCT/GVKGOINDWAL/BOILER/709 (718) dated 09.07.2010.

3. Certain disputes arose between the parties under the Contract and the respondent/claimant Company invoked arbitration in terms of Clause 33 of the General Instructions to Tenders and Contract dated 09.07.2010 and an Arbitrator was appointed.

4. The learned Arbitrator

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