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2023 Supreme(Del) 2613

CHANDRA DHARI SINGH
National Highways Authority of India – Appellant
Versus
Patel Knr Heavy Infrastructure Pvt. Ltd. – Respondent


Advocates appeared:
Mr.Anand Murthi Rao, Mr. S. Nandakumar, and Ms. Deepika Nandakumar, Advocates, for the Petitioner.
Dr.Amit George, Dr.Swaroop George, Mr.Amol Acharya and Mr.Piyo Harold Saimon, Advocates, for the Respondent.

ORDER

Chandra Dhari Singh, J. (Oral)--The petitioner by way of the present petition under Section 34 of the Arbitration & Conciliation Act, 1996, (hereinafter referred to as `Arbitration Act.) seeks the following prayers:

    "i) summon the records from the Arbitral Tribunal; and

    ii) allow the present petition and set aside the challenged part of the impugned Award dated 11.02.2019; and

    iii) Stay the operation of the challenged part of the impugned Award dated 11.02.2019 during pendency of the proceedings as the said award has become in-executable on being challenged under section 34 of the Arbitration and Conciliation Act, 1996; and/or

    iv) pass such order or further orders as may deem fit in the facts and circumstances of the case in favour of the Petitioner."

BACKGROUND

2. The following course of events has led to the filing of the instant petition:

a. The petitioner is an autonomous body working under the supervision of the Ministry of Road Transport and Highways, Government of India, responsible for executing projects for development and maintenance of the National Highways. The respondent is an Engineering and Contracting Company having its registered office Hyderabad.

b. The parties cam

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