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2023 Supreme(Del) 1702

CHANDRA DHARI SINGH
A. G. Enviro Infra Projects Pvt. Ltd. – Appellant
Versus
J. S. Enviro Services Pvt. Ltd. – Respondent


Advocates appeared:
Mr. Arvind Varma, Senior Advocate with Mr. Ashish Verma, Ms. Debopriya Moulik, Ms. Smriti Sharma and Mr. Sanidhya Gupta, Advocates, for the Petitioner.
Mr. Jitin Singhal and Mr. S.D. Singh, Advocates, for the Defendants.

JUDGMENT

Chandra Dhari Singh, J. The petitioner vide the present petition under Section 34 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as `the Act') has been filed by the petitioner seeking the following prayers:

    "a. Set aside Impugned Original Award read with Impugned Final Award passed by the Arbitral Tribunal comprising of Hon'ble Mr. Justice S.P. Garg (Retd.) dated 30.10.2019 and further be pleased to allow the counter claim raised by the Petitioner as against the Respondent for Rs.4,14,42,192/towards excess amount charged contrary to the Escalation clause under the agreement with 18% interest thereupon.

    b. Pass an award in favour of the Respondent against the Respondent for a sum of Rs.2,00,00,000/- towards loss of goodwill caused to the Respondent Company.

    c. Grant 18% interest from the date of filing of the instant counter claim till the date of actual payment.

    d. Any other relief which this Hon'ble court may deem fit and proper in the facts and circumstances of the case in favour of the Petitioner."

FACTUAL MATRIX

2. The present petition is filed under Section 34 of the Act challenging the Arbitral Award dated 30th October, 2019 (hereinafter referred a

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