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2018 (3) TMI 1249 - HC - Indian LawsArbitral award - reimbursement of Countervailing Duty (CVD) and Special Additional Duty (SAD) imposed on the Tunnel Boring Machines (TBMs) imported by the petitioner - The Arbitral Tribunal held that in terms of Clause 11.1.1(ii) of the General Conditions of Contract (GCC) nothing extra was payable to the petitioner over and above the quoted rates - whether the DMRC was obliged to pay for any item of costs incurred by the petitioner in execution of the Project over and above the contract price? Held that: - The petitioner is, essentially, claiming a variation in price. The petitioner has founded its claim on the basis that the price variation clause does not adequately compensate the petitioner because the wholesale Price Index (which is used as an indicator for variation in price) does not factor in custom duties on TBM. The claim made by the petitioner appears to be fundamentally flawed because if the claim for compensation is neither founded as a claim of damages nor included in the price variation clause, there would not be no justification for awarding such additional reimbursement to the petitioner. The scope of interference with the Arbitral Award under Section 34 of the Act is limited. The impugned award can be interfered only on the grounds as set out in Section 34 of the Act. In the present case, the impugned award is neither beyond the jurisdiction of the Arbitral Tribunal nor can be stated to be opposed to the Public Policy of India. Petition dismissed.
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