IRCON INTERNATIONAL LIMITED Vs. GPT-RAHEE JV

JUDGEMENT

(1.) The petitioner (hereafter "Ircon") has filed the present petition impugning the Arbitral Award dtd. 19/12/2020 (hereafter the "impugned award") passed by the Arbitral Tribunal comprising of a Sole Arbitrator (hereafter the "Arbitral Tribunal").

(2.) On 10/2/2009, the East Central Railways under the Ministry of Railways through its Tender No. 22 of 2008-2009 awarded Ircon the project of "Construction of Steel Superstructure and Other Ancillary Works of Rail-cum-road Bridge Across River Ganga at Patna" (hereafter the "Project").

(3.) Ircon, in turn, issued a Notice Inviting Tender (NIT) on 27/6/2008, in respect of works pertaining to "Fabrication of 17 x 123 m + 2 x 64m triangulated steel bridge girders for new rail-cum-road bridge over river Ganges (Ganga) at Patna by setting up of field workshop on the Dighaghat end (South End) of river Ganges including leading of structural steel from Fatuha Stockyard, shop painting and trail assemble of one span of each type in the shop as a complete job", arising out of the aforesaid Project.