Fri. Apr 23rd, 2021

Commissioner Transport vs Bsc-C&C; Jv on 12 May, 2017

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CORAM:
HON’BLE MR. JUSTICE S. RAVINDRA BHAT
HON’BLE MR. JUSTICE YOGESH KHANNA

MR. JUSTICE S. RAVINDRA BHAT

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1. Complaining that a learned single judge erred in refusing to interfere
with the award of an arbitral tribunal, the Commissioner, Transport of the
Government of NCT of Delhi (hereafter “Commissioner”) preferred this
appeal under Section 37 of the Arbitration and Conciliation Act, 1996 (“the
Act”). The impugned judgment rejected the Commissioner’s objections
under Section 34 of the Act to an Award dated 14th December 2015 issued
by a sole Arbitrator in its disputes with the respondent (hereafter “BSC-C&C

FAO(OS)(COMM) 63/2017 Page 1 of 14
JV”or “the contractor”), a joint venture between BSCPL Infrastructure
Limited and C&C Construction Ltd. The dispute arose from a contract
awarded to the claimant concerning “construction of works related to
widening/modification of roads to create multiple lanes of existing
carriageway for High Capacity Bus System (HCBS) between Ambedkar
Nagar to Delhi Gate covering a distance of 14 kilometres” (hereafter “the
work” or “the contract”).

Source: Indian Kanoon

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