BEFORE THE ARBITRAL TRIBUNAL OF

MS. JUSTICE USHA MEII RA(RETD.),PRESIDJNG ARBITRATOR

MR. WSTICE A.P.CHOWDHUR1 (RETD.), ARBRRATOR
MR.P.UMASHANKAR, ARBITRATOR
In the arbitration matter between :-
M/s Taxmaco Rail & Engineering Ltd. . . . . . ..Claimant
And
N.H.P.C. Ltd. ...... Respondent
z* PROCEEDING DATED: 21.07.2014 AT 2.30 P.M.
PRESENT:- Mr. Manjeet Narwan along with Mr. S.K.Mahajan, Mr. Singhvi and Mr.
Sanjiv Prakash for the Claimant.
Mr. Puneet Taneja, Advocate along with Mr. Satyam Jha for the
Respondent.
Claimant has filed an application for production of original of the claims submitted by
claimant to the respondent as well as note sheets vide which the Project ~ut hor i t y had
forwarded claims of the claimant to its Higher Authorify at Faridabad.
Law OfEicer of the Project Mr. Ajit Kumar says that either these documents would be
filed or else he will file a reply as to why these documents are not to be produced. For
which purpose he seeks a short adjournment.
Claimant as well as respondent have filed admission and denial of each other's
documents. Claimant pointed out that in the Statement of Defence respondent have
mentioned about proceedings before the Adjudicator and also the order passed by said
Adjudicator. As per clause 6.2.2 of the Contract, Adjudicator's proceedings and order
cannot form the part of respondent's defence. In this view of the matter, the Tribunal is
of the view that order or reference to the proceedings before the Adjudicator mentioned
in the Statement of Defence stand expunged.
Now to come up for arguments on the application filed by the claimant as well as for
fra'ming of issues on 30.08.2014 at 4.30 P.M. The venue for the next meeting will be Niti
Bagh to be arranged by the claimant/respondent.
I
Fee already paid by the parties stands exhausted as on the 3rd Proceeding i.e. today.
Therefore, parties are directed to pay further fee of 3 hearings before the next date of
hearing to each of $e Arbitrators mentioning the amount deducted on account of TDS.
" " ,. - 7
P.UMASHANKAR JUSTICE A.P.CHOWDUR1 JUST-M
ARBITRATOR ARBITRATOR
khi x
PRESIDING ARBITRATOR
NEW DELHI
DATED: 21.07.3014