NATIONAL HIGHWAYS AUTHORITY OF INDIA Vs. HCC LTD

JUDGEMENT

(1.) The present petition has been filed by the petitioner under Section 34 of the Arbitration and Conciliation Act, 1996 for setting aside the arbitral award dated 16th March, 2012 received by the petitioner on 19th March, 2012.

(2.) Brief facts of the case are that the petitioner invited bids for the work of construction of Allahabad Bypass Project-Construction of road from km. 158 to Km. 198 (except Ganga Bridge) Package ABP- 2 (hereinafter referred to as "the Contract"). The respondent amongst others submitted its bid for execution and completion of works and the petitioner awarded the work in respect of project through respondent vide Contract Agreement dated 2nd June, 2004. The total contract value was Rs. 446.99 crores. The joint venture of M/s BCEOM-LASA (JV) was appointed as the Engineer is to supervise the contract work.

(3.) The contract was a unit rate contract and contained the detailed documents "Bills of quantity" containing the items of work to be executed by the contractor and also the estimated quantities of each item to be executed by the contractor. The rates against each item were to be filed in by the Bidders/Contractors. The parties adopted the terms and conditions of the contract as contained in General Conditions of Contract (GCC), the Special conditions of contract wherever provided, as contained in conditions of particular applications (COPA) were to override the GCC.