NATIONAL HIGHWAYS AUTHORITY OF INDIA Vs. SPCL-IVRCL

JUDGEMENT

(1.) THE petitioner approaches this court under Section 34 of the arbitration and Conciliation Act, 1996, challenging an award. The parties had entered into a contract, awarded by the petitioner, to the respondent, pursuant to the latter's tender dated 20-4-2001, for Rs. 229,75,93,104/- for widening and upgrading portions of the National Highway, NH-5 in Andhra Pradesh. Disputes arose and were referred to arbitration, through invocation of the arbitration clause, on 24-6-2004

(2.) THE arbitrators had, through their decision, ruled against the petitioner, and allowed claims preferred by the respondent. The respondent/claimant has objected to the jurisdiction of this court, on the ground that at an earlier stage, an application was filed under Section 9, for interim measures, before the court at Srikakulam, Andhra Pradesh is therefore, contented, that due to operation of Section 42, this court's jurisdiction is excluded.

(3.) THE question relating to jurisdiction was treated, with consent of counsel for parties as a preliminary one, and heard. This order proposes to dispose of that issue.