CHINTELS INDIA LTD. Vs. BHAYANA BUILDERS PVT. LTD.

JUDGEMENT

(1.) The petitioner (hereinafter "Chintels") has filed the present petition under Sec. 34 of the Arbitration and Conciliation Act, 1996 (hereinafter "the A&C Act") impugning an arbitral award dtd. 3/5/2019 (hereinafter "the impugned award") delivered by the Arbitral Tribunal comprising of Mr. J.D. Pahuja, Mr. N.N. Chakraborty and Mr. Sant Bhushan Lal as the Presiding Arbitrator (hereinafter the "Arbitral Tribunal"). The impugned award was delivered by majority with Mr. J.D. Pahuja rendering a partially dissenting opinion.

(2.) The impugned award was rendered in the context of disputes that have arisen between the parties in connection with a contract dtd. 14/3/2011 (hereinafter the "Contract"). Factual Context

(3.) Tenders were invited by Chintels for the works relating to Civil, Structure, Electrical Conduiting and Finishing Work for a real estate development known as Chintels Paradiso, Sector-109, Gurgaon (hereinafter the "Project") comprising of nine state-of-the-art modern towers with 542 apartments, which were to be constructed in two phases. Phase-I included construction of Towers D, E, F, G and H (hereinafter "Phase-I") and Phase-II included construction of towers A, B, C and J (hereinafter "Phase-II").