UNION OF INDIA Vs. OM VAJRAKAYA CONSTRUCTION COMPANY

JUDGEMENT

(1.) The petitioner (hereinafter the "Railway') has filed the present petition under Section 34 of the Arbitration and Conciliation Act, 1996 (hereinafter the "A&C Act') impugning an arbitral award dated 08.04.2020 (hereinafter the "impugned award') passed by the Arbitral Tribunal constituted by Justice (Retd.) Anil Kumar as the Sole Arbitrator (hereinafter the "Arbitral Tribunal').

(2.) The impugned award was rendered in the context of disputes that have arisen between the parties in relation to a contract signed between the parties on 16.12.2011 (hereafter the "Contract').

(3.) On 13.01.2011, tenders were invited by the Railway for work described as "Earth work in filling for embankment with contractor's own earth and cutting to the required profile , Blanketing materials including compaction by vibratory roller, construction/extension of minor bridges less than 6.00 m, retaining wall and other allied works from Ch 0.00 km to Ch 22.71 kms between Ambala Cantt- Dhappar railway Stations in connection with Ambala-Dhappar doubling on UMB-KLK Section, with the overall supervisory control of the Dy. Chief Engineer/C Ambala, Northern Railway.' (hereafter the "Project').