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2023 Supreme(Del) 1430

CHANDRA DHARI SINGH
National Highways Authority of India – Appellant
Versus
Consulting Engineering Group Ltd. Jaipur (Ceg) – Respondent


Advocates appeared:
Mr. Narender Hooda, Senior Advocate with Mr. C.S. Chauhan, Mr. Shaurya Lamba and Ms. Jasleen Singh Sandha, Advocates alonwith Mr. Shashidhar Singh, Joint Advisor, NHAI, for the Petitioner.
Mr. Arun K. Varma, Senior Advocate with Mr. S.K. Chandwani and Mr. Sameer Chandwani, Advocates, for the Respondent.

JUDGMENT

Chandra Dhari Singh, J.

1. The instant petition under Section 34 of the Arbitration and Conciliation Act, 1996 (hereinafter "the Act, 1996") has been filed on behalf of the petitioner seeking the following reliefs:

    "a) Set aside the Impugned Award dated 04.12.2021 passed by the Ld. Arbitral Tribunal presided by the Sole Arbitrator Sh. B. P. Bagish.

    b) Allow cost of the proceedings in favour of the Petitioner and;

    c) Pass any or other order(s) as this Hon'ble Court deems fit and proper in the facts and circumstances of the present case in the interest of justice."

FACTUAL MATRIX

2. The Petitioner, the National Highways Authority of India (hereinafter referred to as "NHAI") is a statutory body responsible for constructing National Highways throughout the territory of India.

3. The Respondent is a Joint Venture between the M/s. Consulting Engineering Group Ltd., in association with Transport Research Laboratories Ltd., UK. and is engaged in providing consultancy services in the field of development, design, and maintenance.

4. The petitioner on 27th June 2013 issued a Letter of Acceptance (hereinafter referred to as "LOA") to the petitioner for Consultancy Service. The Contrac

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