NATIONAL HIGHWAYS AUTHORITY OF INDIA Vs. IRB AHMEDABAD VADODARA SUPER EXPRESS TOLLWAYS PRIVATE LIMITED

JUDGEMENT

(1.) National Highways Authority of India (hereafter 'NHAI') has filed the present petition under Sec. 34 of the Arbitration and Conciliation Act, 1996 (hereafter 'the Act') inter alia impugning the arbitral award dated 08.01.2016 (hereafter 'the impugned award') made and published by the Arbitral Tribunal (by majority).

(2.) By the impugned award, the Arbitral Tribunal has allowed the claims made by the respondent, M/s. IRB Ahmedabad Vadodara Super Express Tollways Pvt. Ltd. (hereafter 'IRB') and has rejected the counter-claims made by NHAI.

(3.) IRB was awarded a project for Six Laning of Ahmedabad to Vadodara Sec. of NH 8 from Km. 6.400 to Km. 108.700 (Length 102.300 Km.) in the State of Gujarat (hereafter referred to as 'the NH8 section') and Improvement of Existing Ahmedabad Vadodara Expressway from Km. 0.000 to Km. 93.302 in the State of Gujarat(Length 93.302Km.) (hereafter referred to as 'the Expressway') under NHDP Phase V on Design Build Finance Operate Transfer (DBFOT) Toll Basis (hereafter collectively referred to as 'the works').