EPTISA SERVICIOS DE INGENIERA S L Vs. NATIONAL HIGWAYS AND INFRASTRUCTURE DEVELOPMENT CORPORATION LIMITED

JUDGEMENT

(1.) This petition under Section 9 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the 'Act') has been filed by the petitioner praying for an interim order staying the operation of the Letter/Communication No. NHIDCL/AE/Hunli-Anini/Km 21.50-Km 92.500/2016/500 dated 27.08.2018 issued by the respondent to the petitioner terminating its contract with the petitioner.

(2.) The disputes between the parties are in relation to the Contract Agreement executed between the parties whereby the respondent had appointed the petitioner for rendering Consultancy Services for Authority Engineer for Project of (i) 2 Laning of existing Hunli-Anini road on EPC basis from Km 21.50 to Km 37.50 (ii) 2 laning of existing Hunli-Anini road on EPC basis from Km 37.50 to Km 53.50 and (iii) 2 laning of existing Hunli-Anini road on EPC basis from KM 53.50 to Km 9500 in the state of Arunachal Pradesh under SARDP-NE.

(3.) The respondent alleging that the petitioner was not complying with the terms of the Agreement, issued a notice dated 005.2017 under Clause 2.8 of the General Conditions of Contract(GCC) suspending payment of the petitioner. On 19.07.2017, the respondent alleging that the petitioner had failed to cure the defects in spite of service of notice dated 005.2017, issued a termination notice to the petitioner in terms of Clause 2.9.1(a) of the GCC. Thereafter, on representation being made by the petitioner a meeting was held between the parties on 07.09.2017 wherein on an assurance being given by the petitioner, further time was granted to the petitioner to cure defects.