Full Text
Translation output
HIGH COURT OF DELHI
FAO(OS) 588/2013 & FAO(OS) 590/2013
NATIONAL HIGHWAYS AUTHORITY OF INDIA Appellant
FAO(OS) 588/2013 & FAO(OS) 590/2013
NATIONAL HIGHWAYS AUTHORITY OF INDIA Appellant
VERSUS
JSC CENTRODORSTROY Respondent
CORAM:
HON'BLE MR. JUSTICE BADAR DURREZ AHMED
HON'BLE MR. JUSTICE VIBHU BAKHRU
20.12.2013 These two appeals arise out of the common
HON'BLE MR. JUSTICE VIBHU BAKHRU
20.12.2013 These two appeals arise out of the common
ORDER
dated
21.10.2013 delivered by the learned Single Judge ofthis Court in OMP Nos.
623/2013 & 925/2013. The learned Single Judge has decided the said petitions under Section 34 of the Arbitration & Conciliation Act, 1996 by following Division Bench decisions ofthis Court in the following manner:-
"5. According to me, this submission of learned counsel for the petitioner has to be rejected for two reasons. First, that it does not confonn to a bare reading of clause 70.8 of the GCC culled out above. Second, that this issue is covered in at least three judgments of the Division Bench of this court, passed in the following cases:
(i) Judgment dated 18.09.2012, passed in FAO(OS) No.
451/2012, titled National Highways Authority of India vs
Oriental StructuralEngineers Pvt. Ltd.-, (ii) Judgment dated 08.11.2012, passed in FAO(OS) No.
48/2012, titled National Highways Authority of India vs
Hindustan Construction Company, and (iii) Judgment dated 02.08.2013 passed in FAO(OS) No.
2013:DHC:7288-DB 347/2013 titled National Highways Authority ofIndia vs M/s
Sew Infrastructure Limited." Since the matter stands covered by those decisions, the present appeals are also dismissed in terms of the same. There shall be no order as to costs. iDARDl
BADAR DURREZ AHMED, J VIBHUBAKHRU, J DECEMBER 20,2013
'sn'.
2013:DHC:7288-DB
21.10.2013 delivered by the learned Single Judge ofthis Court in OMP Nos.
623/2013 & 925/2013. The learned Single Judge has decided the said petitions under Section 34 of the Arbitration & Conciliation Act, 1996 by following Division Bench decisions ofthis Court in the following manner:-
"5. According to me, this submission of learned counsel for the petitioner has to be rejected for two reasons. First, that it does not confonn to a bare reading of clause 70.8 of the GCC culled out above. Second, that this issue is covered in at least three judgments of the Division Bench of this court, passed in the following cases:
(i) Judgment dated 18.09.2012, passed in FAO(OS) No.
451/2012, titled National Highways Authority of India vs
Oriental StructuralEngineers Pvt. Ltd.-, (ii) Judgment dated 08.11.2012, passed in FAO(OS) No.
48/2012, titled National Highways Authority of India vs
Hindustan Construction Company, and (iii) Judgment dated 02.08.2013 passed in FAO(OS) No.
2013:DHC:7288-DB 347/2013 titled National Highways Authority ofIndia vs M/s
Sew Infrastructure Limited." Since the matter stands covered by those decisions, the present appeals are also dismissed in terms of the same. There shall be no order as to costs. iDARDl
BADAR DURREZ AHMED, J VIBHUBAKHRU, J DECEMBER 20,2013
'sn'.
2013:DHC:7288-DB