NATIONAL HIGHWAYS AUTHORITY OF INDIA Vs. BSCPL

JUDGEMENT

(1.) This order shall dispose of the above said two OMPs. Both the cases are taken up together as in both of them, the challenge relates to the interpretation of sub-clause 70.3 (xi) of COPA although in both the cases parties had entered into independent agreements, but the sub-clause 70.3 and other relevant clauses relating to Price Adjustment Formula are identical.

(2.) The present petition has been filed against the award dated 5th January, 2013.

(3.) In this case, the respondent, who was the claimant/Contractor before the Arbitral Tribunal, had entered into an agreement with the petitioner for the construction of 4 lane from Km. 208.00 to Km. 251.70 of AyodhyaGorakhpur Section of National Highway-28 in Uttar Pradesh, contract Pkg No. LMNHP-EW-II (WB)-package-6.