FAO (OS) No. 48/2012

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R-3.

*

IN THE HIGH COURT OF DELHI AT NEW DELHI

+

Date of Decision: 08.11.2012

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FAO (OS) No. 48/2012

NATIONAL HIGHWAYS AUTHORITY OF INDIA ..... Appellant

Through:

Mr. Sandeep Sethi, Sr. Adv. with

Ms.Padma Priya, Ms. Meenakshi

Sood

and

Ms.

Preeti

Gupta,

Advocates

versus

HINDUSTAN CONSTRUCTION COMPANY

.....

Respondent

Through:

Mr. Pravin H Parekh, Sr. Adv. with

Mr.

Sameer

Parekh,

Mr.

D.P.

Mohanty,

Mr.

Vishal

Prasad,

Ms.Ritika Sethi and Ms. Suman

Yadav, Advocates

CORAM:

HON'BLE MR. JUSTICE SANJAY KISHAN KAUL

HON'BLE MR. JUSTICE VIPIN SANGHI

SANJAY KISHAN KAUL, J. (ORAL)

1.

A

contract

was

awarded

by

the

appellant

to

the

respondent/contractor for construction of the Allahabad by-pass project in

U.P. vide agreement dated 02.06.2004. The project stands completed.

However, certain disputes arose inter se the parties qua different aspects of

the contract and in view of the arbitration clause, the same were referred to

arbitration. We may note that the appellant has a Dispute Resolution Board

2012:DHC:6800-DB

FAO (OS) No. 48/2012

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(DRB) consisting of technical exper