* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of Decision: 07.03.2014
+ FAO(OS) 34/2006
NATIONAL HIGHWAYS AUTHORITY OF INDIA .... Petitioner Through: Mr. Chetan Sharma, Sr. Adv. with
Mr. Gupta, Advocate.
Versus
M/S. LANCO INFRATECH LTD. ..... Respondent Through: Ms. Manisha Agrawal Narain, Adv.
CORAM:
HON'BLE MR. JUSTICE S. RAVINDRA BHAT
HON'BLE MR. JUSTICE NAJMI WAZIRI
% MR. JUSTICE NAJMI WAZIRI
1. This appeal under section 37 of the Arbitration and Conciliation Act,
1996 ("Act") challenges the order of 24th November, 2005 ("impugned order"), of the learned Single judge dismissing OMP 431 of 2005 ("section 34 petition") as not disclosing any ground warranting interference under section 34 of the Act with the award of the Arbitral Tribunal dated 20th August, 2005, as modified by the order dated 3 rd October, 2005 ("Award"). The appellant primarily contends that the award was in excess of the contract that came into existence upon the award of tender by the appellant to the respondent for the project of four- laning of KM 476.150 to KM 500.000 of Dhalkola to Islampore sub- section 2 of National Highway 31 in the State of West Bengal.
FAO(OS) 34 of 2006 Page 1 of 21
2. In the impugned order, the learned Single Judge, while reiterating the
dicta of the Supreme Court in Oil and Natural Gas Corporation Ltd. v Saw Pipes Ltd.,1 held that the Court, when exercising jurisdiction under