relied on the judgment of this Court in the case of M/s
NCC Ltd. v. the State of Bihar & ors., reported ... sought to distinguish the judgment of this Court in the
case of M/s NCC Ltd. (supra) on facts.
5. The relevant facts giving rise
order rendered by Hon'ble
Supreme Court yesterday (20.07.2022) in NCC Limited case being Indian
Oil Corporation Limited Vs.NCC Limited in Civil Appeal ... Arbitral
Tribunal as held by Hon'ble Supreme Court in NCC case law. That leaves us
with examination of existence of arbitration agreement which
been
considered in earlier cases including the case of National
Highways Authority of India vs Unitech-NCC Joint Venture
and those contentions had been rejected ... those
said decisions and in particular the decision in the case of
Unitech-NCC Joint Venture (supra), the present appeal is also
dismissed
pertinent to mention that in this case
and the leading case in the matter viz. NHAI
Vs. UNITECH-NCC, one of the main
contentions ... those said decisions and in
particular the decision in the case of
Unitech-NCC Joint Venture (supra), the
present appeal is also dismissed."
(Emphasis
been
considered in earlier cases including the case of National
Highways Authority of India vs Unitech-NCC Joint Venture
and those contentions had been rejected ... those
said decisions and in particular the decision in the case of
Unitech-NCC Joint Venture (supra), the present appeal is also
dismissed
Bansal Contractors (India)
Ltd., 2010 (120) DRJ 332 and submitted that the NCC given by HCC was
under coercion since otherwise it could not expect ... consider this important aspect while concluding
that: "In the present case the NCC was demanded before the bill was
finalized and before the amount
also led no evidence to make its case good to show that the
signatures on the NCC and the final bill were fictitious ... doubt that as regards the central issue in the case, viz.,
the validity of the NCC, the learned Arbitrator in the final Award dated 19th
furnished by the respondent
(hereafter 'NCC') be returned to NCC, with the attendant direction to
replace the same by a Bank Guarantee ... NCC's claim regarding the
return of the aforesaid Bank Guarantee, in terms of the impugned award.
16. It is NCC's case
Tanu Priya Gupta and Mr Mukesh Verma,
Advs.
versus
M/S NCC-VEE (JV) ..... Respondent
Through: Mr Krishna Vijay Singh, Advocate
CORAM ... been placed on the findings in the
cases -(a) 2010 (1) ArbLR 589 (Del) NHAI Vs. UNITECH-NCC JOINT
VENTURE (Para
There was no ambiguity in the contract as was the case in the original
contract, since the respondent had raised a pre-bid query which ... Single Judge of this court in the case of National Highways
Authority of India vs Unitech-NCC Joint Venture has repelled this very
contention advanced