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IN THE HIGH COURT OF DELHI AT NEW DELHI
MR. ANIL KSHETARPAL, MR. HARISH VAIDYANATHAN SHANKAR, JJ
MAPEX INFRASTRUCTURE PVT. LTD. – Appellant
Versus
NATIONAL HIGHWAYS AUTHORITY OF INDIA – Respondent
| Table of Content |
|---|
| 1. impact of contract award and completion delays. (Para 5 , 6) |
| 2. scope of interference under section 34 and 37 of the arbitration act. (Para 7 , 8) |
| 3. arguments regarding the entitlement to claims of prolongation costs. (Para 10 , 12 , 20) |
| 4. assessment process for prolongation costs and evidentiary requirements. (Para 22 , 23 , 24 , 25) |
| 5. conclusion affirming the learned single judge's ruling. (Para 60 , 61) |
HARISH VAIDYANATHAN SHANKAR, J.
1. The present cross-appeals, filed under Section 37 of the Arbitration and Conciliation Act , 19961, challenge a common Judgement dated 08.01.20182 passed by the learned Single Judge of this Court in OMP 384/2015 titled “Mapex Infrastructure Pvt. Ltd. vs. National Highways Authority of India”, and OMP 391/2015 titled “National Highways Authority of India vs. Mapex Infrastructure Pvt. Ltd.”, both of which were petitions filed under Section 34 of the A&C Act.
2. The aforementioned Section 34 petitions had been instituted by the respective parties challenging a common arbitral award dated 17.03.20153, rendered by a three-member Arbitral Tribunal4.
3. For the sake of convenience, clarity, and uniformity, the Appellant
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