enforcement of the recommendations [the Award] of the
Dispute Review Board [DRB] dated 21.12.2006; 04.05.2007 (Review) and
27.06.2007 (Clarification) pertaining to Dispute No. 18 - reimbursement ... extra cost for generating power by DG sets1. According to JHC, the DRB's
recommendations being in the context of a claim
petitioner filed a claim on 01.08.2015
before the Dispute Review Board (DRB) amounting to ₹113.61 crores
at the rate of 18% p.a. future interest ... amount of
₹19.76 crore along with 15% future interest was recommended by
DRB in favour of the petitioner on 31.12.2015.
3.10 Subsequently, both the parties
Disputes
Signature Not Verified
Digitally Signed
By:DUSHYANT
RAWAL
Resolution Board (DRB) in case of contracts valuing ₹10
crore or more and to conciliation ... than ₹10 crore. In case of
disagreement with the decision of such DRB or conciliator,
any party may invoke arbitration clause.
Procedure for the constitution
First Arbitration
7. These were referred to the Dispute Resolution Board (DRB)
constituted as per Sub-clause 67.1 of the Conditions of Particular
Application (COPA ... However, the DRB was unable
to resolve the disputes. By a notice dated 27.01.2005, Gammon
invoked arbitration in terms of Sub-clause
regarding referral of the disputes to the Dispute Review Board (hereafter
'DRB') in terms of the modified Clause 67 of the General Conditions ... Contract (hereafter 'GCC'). Before the DRB, JHC claimed an amount of
₹7,17,96,889/- along with interest as additional expenses incurred
Conciliation and
reference of the disputes to the Disputes Resolution Board (DRB).
3. The learned counsel appearing for the petitioner has referred to Clause ... Contract, which require that the disputes
be referred to the DRB. However, he points out that there is no procedure in
the contract for appointment
petitioner has not referred
the disputes to the Dispute Resolution Board (DRB) in terms of Clause 11.3
of the General Conditions of Contract ... learned counsel appearing for the petitioner states that the
recourse to DRB is illusionary, as the DRB has not been constituted. This is
stoutly disputed
disputes are required to be referred to the Dispute
Resolution Board (DRB) at the first instance.
2. The learned counsel appearing for the petitioner submits ... that the
Contract does not provide for any procedure for constitution of DRB. He
submits that after the Contract was entered into, a Circular
disputes raised by the petitioner were referred to
the Dispute Resolution Board (DRB). The petitioner raised several
O.M.P. (COMM) 160/2018 Page ... claims - nine in number - before the DRB, which were all rejected by
a letter dated 09.12.2015.
5. Aggrieved by the aforesaid decision of the DRB
from the respondent.
Thereafter, on 12.01.2012, the appellant approached Dispute Review Board
(DRB) for their recommendations, however, their recommendations could
not be received, apparently ... account of resignation of one of the
members of the DRB, whose replacement was not found, within the period
prescribed.
6. Thereafter, the appellant invoked
