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2023 Supreme(Del) 5475

PRATEEK JALAN
Oriental Structural Engineers Pvt. Ltd. -m/s Kmc-joint Venture – Appellant
Versus
National Highways Authority of India (Nhai) – Respondent


Advocates appeared:
Ms. Kiran Suri, Senior Advocate with Mr. Hitendra Nath Rath and Ms. Aishwarya Kumar, Advocates, for the Petitioner.
Mr. Manish K. Bishnoi, Mr. Nirmal Prasad and Ms. Pallavi Singh Bishnoi, Advocates, for the Respondent.

JUDGMENT

PRATEEK JALAN, J.

1. By way of this petition under Section 34 of the Arbitration and Conciliation Act, 1996 [hereinafter, "the Act"], the petitioner assails an arbitral award dated 21.04.2018, by which a three-member Arbitral Tribunal has adjudicated disputes between the parties under a Contract Agreement dated 04.11.2004 [hereinafter, "the Contract"].

A. Facts

2. The Contract was awarded by the respondent-National Highways Authority of India [hereinafter, "NHAI"] to the petitioner for construction of part of a road known as the "Allahabad Bypass Project". BCEOM-LASA JV [hereinafter, "the Engineer"] was nominated by NHAI as the Engineer under the Contract. According to the petitioner, work under the Contract was substantially completed by 15.10.2009 and notice was given to the Engineer for taking over the work on 15.11.2009. The Engineer issued Taking Over Certificate under Clause 48.1 of the General Conditions of Contract [hereinafter, "GCC"] on 11.12.2009. By a communication dated 15.11.2011, the Engineer enumerated a list of pending work to the petitioner prior to issuance of the Defects Liability Certificate.

3. A joint meeting was held on 25.11.2011 with regard to the rema

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