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NAVIN CHAWLA
National Highway Authority of India – Appellant
Versus
Rohtak Panipat Tollway Pvt. Ltd. – Respondent
JUDGMENT
Navin Chawla, J.
1. The present petition has been filed under Section 34 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the 'Act'), challenging the Arbitral Award dated 06.10.2017 passed by the learned Arbitral Tribunal, as well as the order dated 20.02.2018 passed by the learned Arbitral Tribunal on an application under Section 33(1)(a) and (b) of the Act.
2. The disputes between the parties arose out of the Agreement for the work of "Four Laning of Rohtak - Panipat Section of NH-71A from KM 0.00 (KM 63.00 OF NH 10) to KM 80.858 (KM 83.39 of NH-1) in the State of Haryana under the NDPH Phase III on Design, Build, Finance, Operate and Transfer ('DBFOT') Basis" awarded by the petitioner to the respondent.
3. By the Impugned Award, the learned Arbitral Tribunal has allowed the claims of the respondent herein.
SUBMISSIONS OF THE LEARNED SENIOR COUNSEL FOR THE PETITIONER:
CLAIM NO. 1
4. Claim no.1 of the respondent was towards additional lead required for transportation of material on site. The learned senior counsel for the petitioner submits that the mining operation in the State of Haryana was lying closed since 01.03.2010. He submits that the Co
The main legal point established in the judgment is the limited jurisdiction of the Court under Section 34 of the Arbitration and Conciliation Act, the interpretation of contractual terms and facts, ....
Limited grounds for interference with an Arbitral Award under Section 34 of the Arbitration Act
The non-consideration of a clause in the Concession Agreement by the Arbitral Tribunal is not a ground to set aside the arbitral award, unless it is an error that goes into the root of the award and ....
The main legal point established in the judgment is the limited scope of interference by the courts in arbitral awards and the specific grounds for challenging an arbitral award as laid down in the A....
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