Sun. Jan 17th, 2021

National Highways Authority Of … vs M/S Hindustan Construction Co … on 17 February, 2016

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SANJEEV SACHDEVA, J

1. The appellant impugns order dated 29.06.2015 whereby the
petition under Section 34 of the Arbitration and Conciliation Act,
1996 (hereinafter referred to as “the Act”) impugning award dated
30.12.2014 passed by the Arbitral Tribunal by a majority of 2:1 in
dispute Nos.6,7,8 & 9 has been dismissed.
2. The appellant/NHAI had entered into a contract dated
26.02.2005 with the respondent/Hindustan Construction Company

FAO(OS)No.502 /2015 Page 1 of 13
Limited for construction of Chennai Bypass Phase-II (connecting NH-
4 and NH-5) and widening of Chennai Bypass I (connecting NH-45
and NH-4) and widening of Chennai Bypass I (connecting NH-45 and
NH-4. The work was to be carried out in thirty months. The entire
work was divided into various items forming part of the Bill of
Quantities (BoQ). The payment of work done was to be released by
the appellant to the respondent based on measurement of Bill of
Quantities (BoQ) items, as certified by Engineer/Supervisory
Consultant. The disputes that arose between the parties were referred
to arbitration. The present case relates to dispute Nos.6,7,8 & 9. The
arbitral tribunal by a majority of 2:1 pronounced their award on
30.12.2014. The third Arbitrator sent a dissent note through an e-mail
attachment on 29.12.2014.

Source: Indian Kanoon

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