NHPC LIMITED Vs. CONTINENTAL CONSTRUCTION & ANR

JUDGEMENT

(1.) I.A. 16198/2018 in OMP 141/2010

(2.) I.A. is disposed of.

(3.) The present petition under Section 34 of the Arbitration and Conciliation Act, 1996 (hereinafter "the Act") has been preferred by the National Hydro-Electric Power Corporation (hereinafter "NHPC") against the impugned award dated 9 th December, 2009 passed by the learned Sole Arbitrator. M/s. Continental Construction Limited Respondent No.1 (hereinafter "Contractor") entered into a contract with the NHPC on 28th May, 1986 in respect of works for the "Construction of Tailrace Tunnel Civil Works" at Chamera HE Project (hereinafter, "project"). The date of commencement was 1st April, 1986 and stipulated date of completion was 31st July, 1989, however, the actual work was completed on 22nd February, 1994. There is no dispute in respect of these dates. The original contract was awarded for a total value of Rs.13,95,24,220.00/-. Various extra works were also given to the Contractor. The final bill was submitted by the Contractor for a sum of Rs.53,75,21,440.04/-. The Contractor raised various claims including non-payment of the final bill. Since NHPC did not take any action, the petition under Section 11 (6) of the Act was moved in the Delhi High Court. The matter finally culminated in a Special Leave Petition before the Supreme Court, and vide the order dated 11th May, 1999, Shri Abdul Hamid Raina, the retired engineer of the NHPC was appointed as the Sole Arbitrator.