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DELHI HIGH COURT
S.MURALIDHAR
National Highways Authority of India – Appellant
Versus
Jivanlal Joitaram Patel – Respondent
JUDGMENT
1. The National Highways Authority of India (`NHAI') has filed this petition under Section 34 of the Arbitration & Conciliation Act, 1996 (`Act') challenging an Award dated 24th March, 2011 passed by the Arbitral Tribunal (`AT').
2. The disputes between the parties arose out of an Agreement dated 17th November, 2004 whereby the work of `Short-term Improvement and Routine Maintenance of Samakhiyali--Gandhidham Section (from KM 306 to 362.160) of NH-8A and Toll Collection at Samakhiyali Toll Plaza for 24 months was awarded by NHAI to the Respondent, M/s. Jivanlal Joitaram Patel (`JJP').
3. At the outset, it has been clarified by Mr. Arun Kumar Varma, learned Senior counsel appearing for NHAI that the objections in this petition are confined to the Award in relation to NHAI's claim No. 1 and JJP's counter-claim Nos. 2, 5, 7 to 10 and 15.
The background facts
4. The contract price was Rs.7,98,43,090 and the date of commencement of contract was 1st December, 2004. The scheduled date of completion was 30th November, 2006. The `Scope of Works' comprised of six types of works including collection of toll fee at Samakhiyali Toll Plaza.
5. NHAI states that it got decoy che
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