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2020 Supreme(Mad) 955

SENTHILKUMAR RAMAMOORTHY
IJM-SCL JV, Hyderabad – Appellant
Versus
National Highway Authority of India, New Delhi – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: Dr. Amit George, Amol Acharya, Rishabh Dheer, Bijesh Thomas.
For the Respondent: Richardson Wilson.

JUDGMENT :

SENTHILKUMAR RAMAMOORTHY, J.

Prayer: Original Petition is filed under Section 34(2) of the Arbitration and Conciliation Act, 1996 to set aside the Arbitral Awards dated 15.11.2009 passed by the Majority Arbitrators.

1. The claimants before the Arbitral Tribunal are the Petitioners before this Court. A contract was executed by the Petitioners and the first Respondent on 13.05.1998 (the Contract) for the purpose of construction of the Chennai Bypass Phase-I, spanning a length of about 18.8 kms. The Conditions of Contract for Works of Civil Engineering Construction of the Federation Internationale Des Ingenieurs-Conseils (FIDIC), 4th Edition, 1987 (the GCC) applied to this Contract, as modified by the Conditions of Particular Application (COPA). This bypass was intended to connect National Highway-4 (NH-4) with National Highway-45 (NH-45). The stipulated period for completion of works under the Contract was 18 months, with the date of commencement being 12.06.1998 and the stipulated date of completion being 11.12.1999. However, it is the admitted position that there was a delay in completion of work due to multiple reasons and that eventually work was completed on 31.10.2001,

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