NTPC LIMITED Vs. PATEL ENGINEERING LIMITED

JUDGEMENT

(1.) I.A No.5107/2018 (Exemption)

(2.) This petition under Section 34 of the Arbitration & Conciliation Act, 1996 has been filed by the petitioner challenging the Arbitral Award dated 01st December, 2017 passed by the Arbitral Tribunal adjudicating the disputes which had arisen between the parties in relation to the award of work of Construction of Head Race Tunnel Package for Loharinag Pala HEP Project (4x150 MW) by the petitioner in favour of the respondent vide Letter of Acceptance No. 01/CS-5506-908-2-CS-LOA-4709 dated 6th July, 2006 leading to the Contract Agreement No. 01/CS-5506-908-2-CS-C0(2000)A-4709 dated 05th September, 2006.

(3.) The Stipulated Date for the Completion of work was 5th September, 2009. The petitioner had granted extension of time to the respondent upto 31st October, 2012 without levy of compensation. The work came to a standstill on 29th July, 2009 in view of the agitation by the Ganga Bachao Andolan activists. By letter dated 03rd August, 2009 even the stabilisation work was suspended by the petitioner.