NATIONAL HIGHWAY AUTHORITY OF INDIA Vs. SURESH CHANDRA

JUDGEMENT

(1.) By way of present appeal filed under Sec. 37(1)(c) of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the 'Act'), the appellant impugns the order dtd. 15/12/2018 passed in Arbitration Case No. 68/2017 whereby its objections filed under Sec. 34 of the Act against the Award dtd. 27/7/2018 were dismissed.

(2.) The parties are related to each other through a Contract Agreement dtd. 21/3/2014, whereby the Appellant had engaged the respondent as a Contractor for collection of User Fee at Kharik Toll Plaza at km 333.150 (for length of 69.961 km at Khagaria-Purnia Sec. of NH-31 in the State of Bihar). The respondent was appointed pursuant to an e-tender issued by the appellant. The contract period was for one year i.e., from 25/3/2014 to 24/3/2015.

(3.) The respondent alleged loss of revenue and lodged a claim for damages to the tune of Rs.1,35,26,024.00 on account of reduction in the collection of User Fee in the period from 3/7/2014 to 24/11/2014. The respondent also sought return of penalty amount of Rs.88,93,346.00 levied on it by the appellant. Additionally, interest @ 18% p.a. was claimed on the principal sum awarded alongwith cost of litigation.