JAGDISH CHAND GUPTA Vs. NHPC LTD

JUDGEMENT

(1.) The present petition has been filed by the Petitioner challenging the impugned letter dated 24th June 2019, issued by Respondent No. 1- NHPC Ltd. (hereinafter NHPC ), directing the appointment of Shri. H.L. Bajaj as the Adjudicator in respect of claims raised by NHPC for a sum of Rs.4.55 crores qua the Reconstruction of the permanent bridge over the River Jhelum at Bandi, Jammu and Kashmir.

(2.) The case of the Petitioner is that the appointed Adjudicator had earlier rejected the claim for compensation of the NHPC, and a second round of adjudication by the same Adjudicator is not permissible, under the terms of the contract entered into on 6 th February 2006.

(3.) Mr. Anish Chawla, ld. counsel for the Petitioner submits that the Adjudicator is charging a huge fee and the Petitioner is being saddled with the expenses of the same. In terms of the contract, he submits that the Adjudicator ought to have decided the issue within 28 days, as provided in Clause 56.1.2 of the General Conditions of Contract, which he has failed to do and hence he became functus officio.