Case: NATIONAL HIGHWAYS AUTHORITY OF INDIA Vs. M/s. PROGRESSIVE CONSTRUCTION LTD

INDU MALHOTRA, J. 1. Leave granted. 2. The present Appeal arises out of the Judgment passed under Section 34 of the Arbitration and Conciliation Act, 1996 wherein the Single Judge vide Order dated 10.04.2019 has substantially set aside the Award dated 27.04.2016 passed by a three-member tribunal. It has been observed that the arbitral tribunal has drawn incorrect inferences from the documents on record, and has not considered vital and relevant evidence in reaching its conclusions. On this basis, a substantial number of claims and counter claims were rejected, granting liberty to the parties to re-agitate their claims, and counter claim (a) afresh in accordance with law. 3. Aggrieved by the judgment of the Single Judge, cross appeals were filed by both parties under Section 37 before the Division Bench. The Division Bench vide the impugned interim Order dated 04.12.2019 directed that the Appeals be confined to the findings with respect to claim nos. 1(i) and (ii); and counter claim (a). 4. The Appellant-NHAI filed the present Appeal to challenge the interim Order dated 04.12.2019. 5. During the pendency of the present Appeal, the parties agreed to a fresh adjudication of all the claims and counter claims made by the parties before a Sole Arbitrator to be appointed by this Court.

Decision reasoning: 1[ds]5. During the pendency of the present Appeal, the parties agreed to a fresh adjudication of all the claims and counter claims made by the parties before a Sole Arbitrator to be appointed by this Court.