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2023 Supreme(Del) 1171

NEENA BANSAL KRISHNA
Modi Construction Company – Appellant
Versus
Ircon International Limited – Respondent


Advocates appeared:
Mr. Ravi Shankar Dvivedi, Mr. Sushant Kumar Sarkar, Mr. Rishabh Jain, Ms. Arti Dwivedi, Advocates, for the Appellant.
Mr. Suman K. Doval and Mr. Hari Krishan Pandey, Advocates, for the Respondent.

JUDGMENT

1. In the aforesaid Petitions under Section 34 of the Arbitration & Conciliation Act, 1996 (hereinafter referred to as the A & C Act, 1996) has been filed to challenge the Award dated 18.11.2020 with corrections made on 12.12.2020 passed by the Majority Arbitral Tribunal.

2. The facts in brief are that Government of Andhra Pradesh awarded a contract for the project `Widening and Strengthening of the Warangal-Karimnagar-Raiputnam Road (APSH 1)' to the respondent. The respondent in turn divided the project into two parts: first section from Warangal to Karimnagar (km 06.00 to 66.00) denoted as APSH-1(a) and other from Karimnagar to Raiputnam (km 164.00 to 219.10) denoted as APSH-1(b). For the execution of the contract and works connected to the project, the respondent awarded several contracts to other agencies. The entire work of APSH-1 (a) was entrusted to the petitioner through two contracts, the breakup being, the first one for the widening and strengthening of the Road (excluding Bill No.5 - Bitumen Work & Bill No.8 - Road Furniture) dated 05.05.1998 and the second one for the asphalting work involved dated 29.08.1998. After entering into above two Contract Agreements

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