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National Highways Authority of India Vs. M/s. NCC-KNR (JV) [19/01/16]

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[I.A. Nos. 4 & 5 in Civil Appeal No. 6158 of 2013]. These Interlocutory Applications arise out of Civil Appeal No.6158 of 2013 which was disposed of by this Court on 24.4.2015. While allowing said appeal preferred by National Highways Authority of India, the appellant herein, it was directed by this Court as under:- " In our view, the Arbitral Tribunal went beyond the scope of the contract and it clearly exceeded its jurisdiction. We, therefore, set aside the award insofar as it allows Claim No. 8. Consequently, the appeal stands allowed. At the interim stage, this Court had directed the Appellant to deposit a sum of Rs.70,65,039/- which upon deposit was withdrawn by the Respondent on furnishing a bank guarantee. The appellant is entitled to encash that bank guarantee to recover the sum that was deposited. No order as to costs." Soon thereafter Interlocutory Application No.3 of 2015 was filed on behalf of the respondent, which was disposed of by this Court by its order dated 8.5.2015, which order was to the following effect:- "Mr. Amit George, leaned counsel appearing for the applicant-respondent shall pay to the petitioner, National Highways Authority of India and, therefore, the bank guarantee in question need not be encashed.

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