AIRPORTS AUTHORITY OF INDIA Vs. SIKKA ASSOCIATES

JUDGEMENT

(1.) The present petition under Section 34 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the 'Act') has been filed by the petitioner challenging the arbitral award dated 23rd March, 2015 passed by the Sole Arbitrator.

(2.) The petitioner had invited global design competition for comprehensive architectural and engineering services for the proposed new Domestic Terminal Building at NSCBI Airport at Kolkata (West Bengal). The competitive design submitted by the respondent was approved by the Assessment Committee of the petitioner and the respondent was appointed as consultant on 1st June, 2007 for air side of the project. Since the proposed integrated Passenger Terminal Building was to cater to 20 million passengers annually, the petitioner also appointed another Architectural Consultant for city side works of the Airport.

(3.) On 21st August, 2008, an agreement was entered into between the petitioner and the respondent for execution of 'Architectural/Engineering Consultancy Services' for the proposed new integrated passenger terminal building at NSCBI airport, Kolkata. Some of the terms of this agreement are relevant for the purposes of adjudication of the present petition and are quoted herein below:-