NATIONAL HIGHWAYS AUTHORITY OF INDIA Vs. GAYATRI

JUDGEMENT

(1.) National Highways Authority of India (hereinafter referred to as "NHAI") has filed the present petition under Section 34 of the Arbitration and Conciliation Act (hereinafter referred to as 'the Act), assailing the award dated 22nd November 2018 passed by the Arbitral Tribunal comprising of three Arbitrators (hereinafter referred to as 'the AT').

(2.) The impugned award has been rendered in respect of the disputes raised between Gayatri-ECI (Joint Venture) (hereinafter referred to as GEJV, a Joint Venture association between M/s Gayatri Projects Limited and Engineering and Construction Limited Company (ECI)) in relation to Contract Agreement dated 7th April 2006 (hereinafter referred to as "the Agreement") for the works of four-laning of National Highway from Km 40.000 to Km 60.00 of Maibong to Lumding Section of NH-54 in Assam. Contract No: EW-II (AS-27) on the East West Corridor under Phase-II programme of NHDP. (hereinafter "the works"). BRIEF FACTS

(3.) NHAI invited tenders for the works and GEJV participated in the tender process and its bid was accepted by the Respondent. Petitioner issued the Letter of Acceptance dated 31st January 2006 and in pursuance thereto the Agreement was executed between the parties.