JUDGMENT

Vibhu Bakhru, J. (Oral)--The Decree Holder (hereafter `JAL') has filed the present petition seeking enforcement of an Arbitral Award dated 19.02.2018, which was made a rule of the court by a judgment dated 08.04.2019 in CS(COMM.) 907/2018 captioned "M/s Jaiprakash Associates Limited v. NHPC Limited".

2. JAL and the Judgment Debtor (hereafter `NHPC') had entered into a contract on 27.05.1986 for construction of the main concrete dam and coffer dam at Chamera Hydroelectric Projects at Dalhousie, District Chamba, Himachal Pradesh. The disputes between the parties, essentially, relate to JAL's claim for payment of 25% mark up on the market rate of material utilised in execution of extra and deviated items of work under the contract in question. The petitioner claimed a sum of Rs.6,47,00,648.87/- as mark-up on materials, which was not accepted by NHPC. NHPC contended that in terms of the contract between the parties, a mark-up would apply only to material supplied by the contractor and not by NHPC. JAL's claim for markup was finally rejected by NHPC by a letter dated 13.09.1993.

3. In view of the disputes, JAL invoked the Arbitration Clause by a letter dated 28.10.1993. NHP