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M/S Ssangyong Engineering & ... vs National Highways Authority Of India ... on 3 April, 2017

9. The main contention of the learned counsel for the Petitioner is that 68406 shown in column 1 of Annexure-19 only lumpsum value was adopted with huge difference. It is to be noted that Annexure-19 itself is only a quotation and the note appended to the quotation clearly indicate that this quotations are no way binding on manufacturers / dealers / traders in their individual transaction and entirely based on market trend. The Arbitrators have found that the Claimant has not provided unit-wise picture of profit and loss or any other materials. Therefore, It cannot be said that the learned Arbitrators have ignored this vital document. In fact the learned Arbitrators have considered this aspect factually and passed Award. Therefore, learned counsel's contention that the Award is suffered by Patent Illegality cannot be countenanced. Therefore, the citation in Ssangyong Engineering and Construction Company Ltd., vs. National Highways Authority of India (NHAI) [(2019) 15 SCC 131] relied upon by the learned Counsel for the Petitioner cannot be applied to the facts of the present case. Accordingly this Page 12 / 20 https://www.mhc.tn.gov.in/judis/ O.P.Nos.735 of 2017 and 157 of 2018 Court do not find any materials to find that the Award awarding a sum of Rs.1,20,75,418.84 is suffered from any patent illegality. In view of the above, the Original Petition No.157 of 2018 is dismissed.
Delhi High Court Cites 6 - Cited by 4 - I Banerjee - Full Document
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