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DELHI HIGH COURT
SANJIV KHANNA, CHANDER SHEKHAR
National Highway Authority of India – Appellant
Versus
Gayatri Jhansi Roadways Ltd. – Respondent


JUDGMENT

Sanjiv Khanna, J. (Oral)--National Highway Authority of India in this intra-Court appeal under Section 37 of the Arbitration and Conciliation Act, 1996 (A & C Act, for short) read with Section 13 of the Commercial Courts, Commercial Division and Commercial Appellate Division of High Courts Act, 2015 impugns order dated 25th May, 2018, whereby objections filed by the appellant under Section 34 of the A & C Act, vide OMP (COMM) No.239/2018, have been dismissed.

2. The primary issue raised and decided by Arbitral Tribunal was relating to interpretation and effect of recital clauses of the supplementary agreement dated 1st November, 2010, between, National Highway Authority of India ("appellant") and M/s. Gayatri Jhansi Roadways Limited ("respondent/concessionaire").

3. For sake of convenience and completeness, we reproduce the supplementary agreement, which reads as under:

"SUPPLEMENTARY AGREEMENT

BETWEEN

    1. NATIONAL HIGHWAYS AUTHORITY OF INDIA, a statutory body constituted under the provisions of the National Highways Authority of India Act, 1988, and having its principal office at G-5&6, Sector - 10, Dwarka, New Delhi - 110075 (hereinafter referred to as "NHAI" which ex

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