BEFORE THE ARBITRAL TRIBUNAL
[Justice P.S. Singh]
Arbitration Claim No. 33/2023
BETWEEN
Rajat Construction Company
Represented by Mr. Ramesh Babu,
MD& Chairman,
Having Office at
#304, 1st floor,
Opposite Maruti Showroom,
GMS Road,
Dehradun-248171 ………Claimant
AND
National Highways Authority of India
Represented by its Secretary,
Having Branch Office at,
#1, Vasant Vihar Phase 1, Balliwala,
Dehradun-248006 …………. Respondent
Date of ref. of Claim Petition: 20.06.2023
Nature of Claim:
Evidence Commenced on:01.07.2023
Award passed on: 18.08.2023
Total Duration: 2 month, 18 days
Award
1. That this arbitration proceeding has arisen by virtue of the reference made by the
claimant company with respect to the dispute relating to termination of contract and
recovery of a sum of Rs. 1500000/- along with future interest of 5% per month and cost
Etc. from the Respondent.
2. This award is a part and parcel of the claims. To avoid confusion, the facts have not been
produced as part of the Arbitration Award.
3. Upon the receipt of the claim petition the same has been registered and Notice Via
RPAD is issued to the parties.
4. According, the statement of claims was filed on 20.06.2023, the statement of Defence
was filed on30.06.2023. The written Argument by the claimants and Respondents were
filed on 07.07.2023 and 18.07.2023 respectively.
5. The Arguments of both the parties were heard and were also submitted in writing by the
counsel of both the parties.
6. Under the circumstances, the points that have come up for consideration by the Hon’ble
Tribunal in this proceeding are as follows:
I. Whether the Respondents are liable to pay a sum of Rs. 15,00,00,000/- as
claimed by the claimants?
II. Whether the contract must be reinstated?
If so, what award?
REASONS
That both the parties are willing to reach a settlement so that the development of the
expressway can be commenced again.
That the claims of the Respondent takes the upper hand.
Therefore, we have no hesitation to come to conclusion that the Respondent is liable ton pay
Rs. 1,00,00,000/- to the claimant. We further order the reinstatement of the contract that was
terminated. We also order the claimants to commence the construction of the expressway
within 30 days of the passing of the award. We further order a compensation for defamation at
the rate of Rs. 50,000/- towards the Respondent.
AWARD:
The claim of the Respondent in respect of the reinstatement of contract and to commence
construction work is allowed.
The claim of the claimant is not allowed and the claimant is liable to pay Rs. 50,000/- as
compensation for defamation and must commence construction within 30 days.
The Respondent must further pay a sum of Rs. 1,00,00,000/- towards the completed works
along the expressway.
This award is the full and final settlement of the claims of the claimant. It is binding on the
parties and the persons claiming under them. This award shall be enforced under the Code of
Civil Procedure ,1908 in the same manner as per section 36b of the Arbitration and Conciliation
Act,1996.
Pronounced by this Arbitration Tribunal at the Basvanagudi Arbitration Centre located at
85/5,1st floor, Gandhi Bazaar Main Road, Opposite HSBC Bank, Basavanagudi, Bengaluru-
560004 on 18th day of August,2023.
Having agreed to the above, both the parties affix their signatures.
PARTIES
1
MD & Chairman , Mr. Ramesh Babu
Rajat Construction Company
2
Secretary,
National Highway Authority of India
ARBITRATOR
Justice P.S. Singh
[Retd. Supreme Court Judge ]
