INDIAN HIGHWAYS MANAGEMENT COMPANY LIMITED Vs. SOWIL LIMITED

JUDGEMENT

(1.) The petitioner (hereafter "IHMCL') has filed the present petition under Sec. 34 of the Arbitration and Conciliation Act, 1996 (hereafter "the A&C Act') impugning an arbitral award dtd. 11/10/2021 (hereafter "the impugned award') rendered by an Arbitral Tribunal constituted by Justice (Retired) Badar Durrez Ahmed as the Sole Arbitrator (hereafter "the Arbitral Tribunal').

(2.) The Arbitral Tribunal has rendered the impugned award in the context of disputes that have arisen between the parties in relation to a contract dtd. 28/10/2014 for "Conducting Traffic Surveys on National Highways in Zone-5 (in the States of Odisha, West Bengal and North Eastern States) using Portable Automatic Traffic Counter & Classified (ATCC) Systems" (hereafter "the Contract').

(3.) The respondent (hereafter "SOWiL') is a small enterprise under the Micro, Small, Medium Enterprise Development Act, 2006 (hereafter "the MSMED Act') and is, inter alia, engaged in the business of providing consultancy services to various organizations for development works, railway works, bridges, structures and tunnelling.