NATIONAL HIGHWAYS AUTHORITY OF INDIA Vs. PCL SUNCON

JUDGEMENT

(1.) This petition under Section 34 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the 'Act') has been filed by the petitioner challenging the Arbitral Award dated 23.08.2012 passed by the Majority of Arbitral Tribunal adjudicating the disputes that have arisen between the parties in relation to the work of Four laning and Strengthening of existing 2-lane Highway section from Km 317+000 to Km 65+000 on NH-2 (Package IV-A) in the State U.P. and Bihar - Construction Package IV A - (Contract Agreement No.GTRIP/5).

(2.) Disputes between the parties arose in relation to the claim of the respondent for refund of the amount recovered by the petitioner for the work done for re-development of Borrow areas paid under BOQ item 8.26 including escalation as also for payment of the balance portion of the said work. The Majority of the Arbitral Tribunal has, on interpretation of the Contract, concluded as under:

(3.) As was the case before the Arbitral Tribunal, the counsel for the petitioner submits that the work of re-development of the borrow area is covered under BOQ item 2.02 and 2.03(a). She draws reference to clause 305.2.2.2 and 305.9 of the Technical Specifications to further submit that the work of re- development of the borrow area is part of the work of construction of an embankment and sub-grade.