NBCC (INDIA) LTD. Vs. M/S. SHARMA ENTERPRISES

JUDGEMENT

(1.) The present judgment seeks to dispose of the two common appeals in FAO (OS) (COMM) 92/2017 and EFA (OS) (COMM) 6/2017. Judgment in FAO (OS) (COMM) 92/2017 was reserved by an order of this Court dated 28.04.2017. Subsequently, by consent of the parties, by an order dated 01.05.2017, this Court reserved judgment in EFA (OS) (COMM) 6/2017 along with the main appeal, i.e. FAO (OS) (COMM) 92/2017.

(2.) The appellant (hereinafter "NBCC") is aggrieved by an order of the learned single judge, who held, by the impugned judgment, that its application under Sec. 14 of the Arbitration Act, 1940 (hereafter "the old Act") challenging an award was not maintainable.

(3.) NBCC was awarded a contract for the construction of a railway station-cum-commercial complex at Vashi, Navi Mumbai, by IRCON, the principal employer. In turn, NBCC issued notice inviting tenders for the work and the respondent, Sharma Enterprises (hereinafter "Sharma") emerged as the successful bidder. Sharma was issued a letter of intent followed by a letter of award whereby it was awarded the work of mobilising the work site.