Delhi High Court - Orders
National Highways Authority Of India ... vs M/S L&T Samakhiali Gandhidham Tollway ... on 10 May, 2022
Author: Vibhu Bakhru
Bench: Vibhu Bakhru
$~18
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ O.M.P. (COMM) 108/2019 & IA Nos. 3919/2019, 6371/2019 &
6372/2019
NATIONAL HIGHWAYS AUTHORITY OF
INDIA (NHAI) ..... Petitioner
Through: Mr Shlok Chandra, Mr Ashutosh
Mohan and Ms Mansie Jain,
Advocates.
versus
M/S L&T SAMAKHIALI GANDHIDHAM
TOLLWAY LIMITED ..... Respondent
Through: Mr Dayan Krishnan, Senior Advocate
with Mr Rishi Agrawala, Ms Shruti
Arora and Mr Sukrit Seth, Advocates.
CORAM:
HON'BLE MR. JUSTICE VIBHU BAKHRU
ORDER
% 10.05.2022
1. The learned counsel appearing for the petitioner has concluded his arguments. He has assailed the impugned award on two grounds. First, he submits that the decision of the Arbitral Tribunal that there was a change in scope of the works is erroneous. He submits that the specifications in Schedule B to the Concession Agreement specified the minimum specification. Any deviation from the same would not constitute change in scope provided it was within the scope of the standards as set under Schedule D to the Concession Agreement.
2. He states that in this case, the Arbitral Tribunal has proceeded on the basis that even though the work executed was within the standards as specified under Schedule D, it constituted a change of scope as it was Signature Not Verified Digitally Signed By:Dushyant Rawal Signing Date:18.05.2022 beyond the specifications as prescribed in Schedule B.
3. Second, he submits that the Arbitral Tribunal has erred in not considering the counter-claims on the ground that the respondent's application under Section 16 of the Arbitration and Conciliation Act, 1996 was accepted earlier.
4. The learned counsel appearing for the respondent seeks further time to address the arguments on the aforesaid questions.
5. List on 06.07.2022.
VIBHU BAKHRU, J
MAY 10, 2022
RK Click here to check corrigendum, if any
Signature Not Verified
Digitally Signed
By:Dushyant Rawal
Signing Date:18.05.2022