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2023 Supreme(Del) 5085

CHANDRA DHARI SINGH
Bhopal Sanchi Highways Private Limited – Appellant
Versus
National Highways Authority of India Through Its Chairman – Respondent


Advocates appeared:
Mr.Rajshekhar Rao, Senior Advocate with Mr.Dheeraj P. Deo, Mr.Yashraj Samant and Mr.Aiby Peter, Advocates, for the Petitioner.
Dr. Maurya Vijay Chandra, Mr.Abhishek Rishabh Shukla, Mr.Rudrashish Bhardwaj and Mr.Gaurav Kumar, Advocates, for the Respondent.

JUDGMENT

Chandra Dhari Singh, J. The instant petition under Sections 34 (1) & (2) of the Arbitration and Conciliation Act, 1996 (hereinafter "The Act, 1996") has been filed on behalf of the Petitioner seeking the following reliefs:

    "i) allow the present application and set aside the impugned award dated 30.11.2018 and order dated 27.02.2019 to the extent of the claims rejected by the Ld. Arbitral Tribunal against the Applicant and/or;

    ii) pass such order or further orders as you may deem fit in light of the facts and circumstances of the case."

FACTUAL MATRIX

2. The facts necessary for the disposal of the present petition are that, on 27th November, 2009, the Respondent invited proposals & vide Request for Qualification (RFQ) for short listing of bidders for the project of construction, operation & maintenance of Bhopal-Sanchi Section of NH-86 Extn. in the State of Madhya Pradesh by two lanes on Design, Built, Finance, Operate & Transfer on Annuity (DBFOT Annuity) basis. The bid submitted by the consortium of Pratibha Industries Ltd (PIL) and Abhyudaya Housing & Construction Pvt. ltd. (AHCPL) was accepted and the contract was awarded vide LOA dated 21st May 2010. In terms of the bid d











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