NTPC LTD. Vs. PATEL ENGINEERING LTD.

JUDGEMENT

(1.) CAV No. 392/2015

(2.) THIS appeal is directed against the judgment dated 21.02.2015 delivered by a learned Single Judge of this court on a petition under Section 34 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as 'the said Act') - The said petition was filed by the appellant (NTPC Limited) challenging the award dated 26.03.2013 passed by the arbitral tribunal. The award was in relation to disputes which had arisen between the appellant and the respondent in relation to a contract dated 05.09.2006 for the construction of the head race tunnel package as part of the 600 MW Loharinag Pala Hydroelectric Power Project in Uttarkashi, Uttarakhand. We have heard the learned counsel for the parties at length. Essentially, eight claims were decided by the arbitral tribunal and which were the subject matter before the learned Single Judge. For the present, Mr. Tushar Mehta, the learned ASG, has advanced submissions on seven claims and has not adverted to the eighth claim which is in connection with the costs of arbitration and costs towards stamp paper.

(3.) INSOFAR as Claim No. 1 is concerned, it was contended by Mr. Mehta that it was beyond the terms of the contract and, therefore, the same ought not to have been awarded. A reference was made to Clause 2.3.7.1. Sub -clauses 1.1, 1.3, 1.4 and 1.5 of the said clause read as under: