1. These two appeals arise out of the common judgment dated 21.10.2013 delivered by the learned Single Judge of this Court in OMP Nos. 623/2013 and 925/2013. The learned Single Judge has decided the said petitions under Section 34 of the Arbitration and Conciliation Act, 1996 by following Division Bench decisions of this 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 conform 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 v. Oriental Structural Engineers Pvt. Ltd.;
(ii) Judgment dated 08.11.2012, passed in FAO(OS) No. 48/2012, titled National Highways Authority of India v. Hindustan Construction Company; and
(iii) Judgment dated 02.08.2013 passed in FAO(OS) No. 347/2013 titled National Highways Authority of India v. Sew Infrastructure Limited.”
2. 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.
Comments