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2023 Supreme(Del) 1762

MANOJ KUMAR OHRI
National Highway Authority of India – Appellant
Versus
Suresh Chandra – Respondent


Advocates appeared:
Mr. Sudhir Nandrajog, Senior Advocate with Mr. Balendu Shekhar, Mr. Krishna Chaitanya, Mr. Sriansh Prakarsh and Mr. Rajkumar Maurya, Advocates, for the Appellant.
Mr. Swastik Singh and Mr. Himanshu Dagar, Advocates, for the Respondent.

JUDGMENT

Manoj Kumar Ohri, J. By way of present appeal filed under Section 37(1)(c) of the Arbitration & Conciliation Act, 1996 (hereinafter referred to as the `Act'), the appellant impugns the order dated 15.12.2018 passed in Arbitration Case No. 68/2017 whereby its objections filed under Section 34 of the Act against the Award dated 27.07.2018 were dismissed.

2. The parties are related to each other through a Contract Agreement dated 21.03.2014, whereby the Appellant had engaged the respondent as a Contractor for collection of User Fee at Kharik Toll Plaza at km 333.150 (for length of 69.961 km at Khagaria-Purnia Section of NH-31 in the State of Bihar). The respondent was appointed pursuant to an e-tender issued by the appellant. The contract period was for one year i.e., from 25.03.2014 to 24.03.2015.

3. The respondent alleged loss of revenue and lodged a claim for damages to the tune of Rs.1,35,26,024/- on account of reduction in the collection of User Fee in the period from 03.07.2014 to 24.11.2014. The respondent also sought return of penalty amount of Rs.88,93,346.00 levied on it by the appellant. Additionally, interest @ 18% p.a. was claimed on the principal sum awarded al

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