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DELHI HIGH COURT
VIBHU BAKHRU, AMIT MAHAJAN
Gammon India Limited – Appellant
Versus
National Highways Authority of India – Respondent


JUDGMENT

Vibhu Bakhru, J. The appellants have filed the present intra court appeal under Section 37(1)(c) of the Arbitration & Conciliation Act, 1996 (hereafter `the A&C Act') impugning an order dated 23.06.2020 (hereafter `the impugned order') passed by the learned Single Judge. By the impugned order, the learned Single Judge dismissed the appellant's application under Section 34 of the A&C Act, numbered as OMP (Comm) 392/2020, seeking to set aside the arbitral award dated 21.02.2011(hereafter `the impugned award' or `the second award').

Factual Context

2. On 23.12.2000, a contract for the "Work of Widening To 4/6 Lanes and Strengthening of Existing 2 Lane Carriageway of NH-5 in the State of Orissa from Km. 387.700 to Km. 414.000 (Khurda to Bhubaneswar)" (hereafter `the Project') was executed between Gammon Atlanta JV, a Joint Venture of Gammon India Ltd. and Atlanta Ltd (hereafter `the contractor') and National Highways Authority of India (hereafter `NHAI'). The appellants are the constituent joint venture partners of Gammon Atlanta JV (the contractor)

3. The date of commencement of the contract was stipulated to be 15.01.2001 and the Project was to be completed within a peri

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