O.M.P(T)(COMM) 28/2020

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IN THE HIGH COURT OF DELHI AT NEW DELHI

Date of Decision:- 10.07.2020

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O.M.P(T)(COMM) 28/2020

RAIL VIKAS NIGAM LTD.

.....Petitioner

Through:

Mr.Udit Seth, Adv.

versus

SIMPLEX INFRASTRUCTURES LTD

.....Respondent

Through:

Ms.Aanchal Mullick, & Mr.Pranjit

Bhattacharya, Advs.

CORAM:

HON'BLE MS. JUSTICE REKHA PALLI

REKHA PALLI, J (ORAL)

1.

The present petition preferred under Section 14 of the

Arbitration and Conciliation Act, 1996 (hereinafter referred to as ‘the

Act’) seeks termination of the mandate of the 3-member Arbitral

Tribunal constituted to adjudicate the disputes between the parties, on

the ground that the Tribunal has willfully disregarded the ceiling

provided in Schedule IV of the Act while fixing its fee.

2.

The petitioner Rail Vikas Nigam Limited is a public sector

undertaking engaged in the business of railway construction projects

for the Indian Railways. On 27.09.2010, the petitioner issued an

Invitation to Bid for construction of Viaduct and related works for

4.748 km length in Joka-BBD Bag Corridor of Kolkata Metro Railway

Line, exclud