NTPC LTD Vs. RAJ KISHAN & CO

JUDGEMENT

(1.) The present petition has been filed by NTPC Ltd. (hereinafter, „NTPC?) challenging Award dated 13th November, 2009 and correction order dated 22nd February, 2010. Another O.M.P. arising out of the same Award i.e. O.M.P. 320/2010 was dismissed vide order dated 12th September, 2012 by a Ld. Single Judge of this Court. An appeal was filed against the said judgment, which has been admitted and is pending before a Division Bench of this Court.

(2.) NTPC awarded contract dated 21st March, 1989 for general civil works (GCW) 4 X 210 Mega Watt at NCPS Dadri District Gautam Budh Nagar, UP to the contractor - M/s. Raj Kishan & Company (hereinafter „Contractor?) for a contract value of Rs.12,00,87,720.00/-. The case of NTPC is that the work was to be completed within 42 months and thus the scheduled date of completion was 20th September, 1992. However, the Contractor abandoned the site without completing the project, on 31st January, 1998. The Contractor denies that the work was abandoned, and contends that the work actually stood completed. The factual position however is that no work was executed at the site after 31st January, 1998. Disputes arose between the parties and the Contractor invoked the arbitration clause. Vide order dated 25th November, 2003, this Court appointed the Ld. Sole Arbitrator. Various claims were raised by the Contractor and counter claims were raised by NTPC. The Ld. Sole Arbitrator awarded various claims in favour of the Contractor and some counter claims in favour of NTPC vide award dated 13th November, 2009. Corrections were carried out in the said award vide order dated 22nd February, 2010, and based on a conciliation between the parties, the Ld. Sole Arbitrator modified the impugned award. However, the award was challenged by the Contractor in O.M.P. 320/2010. The said petition was dismissed vide judgment dated 12th September, 2012.

(3.) The present petition, under Section 34 are the objections of NTPC. The objections have been restricted to the following claims: -