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DELHI HIGH COURT
JYOTI SINGH
NTPC Limited – Appellant
Versus
Sri Avantika Contractors (I) Limited – Respondent
| Table of Content |
|---|
| 1. challenge to arbitration award under section 34 (Para 1) |
| 2. facts related to contractual obligations (Para 2 , 3 , 4 , 5 , 6) |
| 3. disputes and claims raised (Para 7 , 8) |
| 4. issues identified by tribunal (Para 9 , 10) |
| 5. court's analysis and findings (Para 11 , 12 , 13) |
| 6. rulings on claims and counterclaims (Para 14 , 15 , 16) |
| 7. final outcomes and monetary awards (Para 17 , 18) |
| 8. legal principles of overheads and profit loss (Para 19 , 20) |
| 9. conclusion on claims and order (Para 22 , 23 , 24) |
JUDGMENT
1. Present petition has been filed under Section 34 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the `Act') challenging the Award dated 07.07.2017 passed by the Arbitral Tribunal to the extent it has allowed some of the Claims of the Respondent and has rejected the Counter-Claims of the Petitioner herein. Respondent herein was the Claimant before the Arbitrator and the Petitioner was the Respondent.
2. It is the case of the Petitioner that vide letter dated 27.02.2012, NTPC awarded the work of `Site Leveling and Infrastructure Works Package' for its Kudgi Super Thermal Power Project Stage-I (3x800 MW), Karnataka to the Respondent. Contract A
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