IN THE MATTER OF ARBITRATION BEFORE

THE SOLE ARBITRATOR Mr. R.K.JainIn the matter of :

M/s MOTT MACDONALD PVT. LTD.

(Having its Registered Office at

44, Dr. R G Thadani Marg,

Worli, Mumbai 400018

And Branch Office at

A-20 Sector-2 Noida, (U.P.)

Claimant

VERSUS

NATIONAL HIGHWAYS AUTHORITY OF INDIA

Respondent

ADMISSION AND DENIAL OF DOCUMETS FILED BY THE CLAIMANT FOR PACKAGE-47 TENDER III/ ODISHA.

DOCUMENTS FILED WITH THE CLAIM OF THE CLAIMANT.

S.No.ANNEXURESADMISSION/ DENIAL

1.ANNEXURE 1

Copy of the Advertisement dated July 27, 2010

Admitted

2.ANNEXURE 2

A copy of the Corrigendum dated September 20, 2010Admitted

3.ANNEXURE 3

A copy of the invitation for proposal.Admitted

4.ANNEXURE 4

A copy of the meeting dated August 9, 2010 and the addendum to the RFPAdmitted

5.ANNEXURE 5

A copy of the Letter of Acceptance dated November 19, 2010 with a copy of the Financial BidAdmitted

6.ANNEXURE 6

A copy of the Letter of Acceptance dated November 19, 2010 Admitted

7.ANNEXURE 7

Letter of November 25, 2010 acceptance by Mott MacDonaldAdmitted

8.ANNEXURE 8 Colly

Various letters dated November 29, 2010 and January 17, 2011 between the parties in connection to the Bank Guarantees.Admitted

9.ANNEXURE 9

Copy of the Contract dated February 28, 2011.Admitted

10.ANNEXURE 10

Copy of letter dated February 15, 2011 for change of Team leader.Receipt Admitted Contents Denied

11.ANNEXURE 11

Copy of the letter dated February 23, 2011 and the letter of March 1, 2011 informing the Respondent about the Typographical error in earlier letter where Group B and Group C has been interchanged due to the error.Admitted

12.ANNEXURE 12

Copy of the letter Dated March 25, 2011 issued by Respondent for Training.Admitted

13.ANNEXURE 13

Copy of the attendance sheet.Admitted

14.ANNEXURE 14

A copy of the invoice as well as the payment made on April 20, 2011 for a sum of Rs.5,00,000Denied for want of knowledge

15.ANNEXURE 15

Copy of the letter dated April 19, 2011.Denied for want of knowledge

16.ANNEXURE 16

Copy of the Letter dated April 21, 2011 of Claimant.Receipt Admitted Contents Denied

17.ANNEXURE 17

A copy of the letter dated April 26, 2011Receipt Admitted Contents Denied

18.ANNEXURE 18

A copy of the letter dated April 26, 2011Receipt Admitted Contents Denied

19.ANNEXURE 19

A copy of the letter dated May 3, 2011 of ClaimantDenied for want of knowledge

20.ANNEXURE 20

A copy of the letter dated May 4, 2011 of Claimant with CV of Mr. Subhajit Lahiri.Receipt Admitted Contents Denied

21.ANNEXURE 21

A copy of the letter dated May 16, 2011 of Claimant with submission of Inception Report.Receipt Admitted Content denied

22.ANNEXURE 22

A copy of the letter dated May 20, 2011 with CV of Mr. David Cunliffe.Receipt Admitted Contents Denied

23.ANNEXURE 23

Copies of the said letters dated June 14, 2011 and July 19, 2011.Admitted

24.ANNEXURE 24

Copy of the letter dated August 19, 2011, November 29, 2011, and January 5, 2012.Receipt Admitted Contents Denied

25.ANNEXURE 25

Copy of the Letter dated November 30, 2011 Admitted

26.ANNEXURE 26

Copies of the letters dated January 5, 2012 of Claimant.Receipt Admitted Contents Denied

27.ANNEXURE 27

Copy of the letter dated February 2, 2012

February 3, 2012February 7, 2012, February 8, 2012, February 27, 2012 and March 15, 2012.February 2, 2012 Admitted

February 3, 2012 - Receipt Admitted Contents DeniedFebruary 7, 2012 - Recept Admitted Content deniedFebruary 8, 2012 Recept Admitted Content deniedFebruary 27, 2012 Recept Admitted Content deniedMarch 15, 2012 Admitted

28.ANNEXURE 28

Letter of February 28, 2012 by NHAI informing the Claimant to collect the data from Police Station.Admitted

29.ANNEXURE 29

Letter of May 21, 2012 by Claimant regarding the processing of Inception Report and InvoicesReceipt Admitted Contents Denied

30.ANNEXURE 30

Letter of June 7, 2012 by NHAI stating that in the absence of breakup in the financial bid, Claimant must ensure that the same team is present.Admitted

31.ANNEXURE 31

Letter of June 19, 2012 by NHAI as a reminder for June 7, 2012Admitted

32.ANNEXURE 32

Letter of June 19, 2012 by Claimant as well as of June 26, 2012 for approval of Team LeaderReceipt Admitted Contents Denied

33.ANNEXURE 33

Copy of the letter dated August 2, 2011 for cost breakup and August 1, 2011 with the name approval.Receipt Admitted Contents Denied

34.ANNEXURE 34

Copy of the letter dated August 6, 2012 of Mott MacDonald regarding the CV and name approval of Team Leader.Receipt Admitted Contents Denied

35.ANNEXURE 35

Copy of the letter dated August 22, 2012 by NHAI in response to the Letter of August 6, 2012 of Claimant.Admitted

36.ANNEXURE 36

Copies of the Letter dated September 11, 2012 by NHAI for collection of Accident data.Admitted

37.ANNEXURE 37

Copies of the letters dated December 21, 2012 of Claimant containing the Modified Inception Report.Admitted

38.ANNEXURE 38

Letter dated December 24, 2012 of NHAI asking for submission of three workshop/training for the awarded contract. Letter dated December 27, 2012by Claimant for Project Review Meeting and letter of December 27, 2012 for payments.Admitted

39.ANNEXURE 39

Letter dated December 22, 2012 and circulars December 21, 2012, December 19, 2012, December 17, 2012 by NHAI.Recept Admitted Content denied

40.ANNEXURE 40

Letter dated February 25, 2013 by Claimant with monthly progress report.Admitted

41.ANNEXURE 41

Letter of February 28, 2013 from NHAI alleging that the TVC was conducted without intimation.Admitted

42.ANNEXURE 42

Letter of April 27, 2013 of NHAI for deliberation on modified inception report.Admitted

43.ANNEXURE 43

Show Cause Notice issued by NHAI on May 2, 2013 and the response of Claimant dated May 14, 2013.May 2, 2013 Admitted

May 14, 2013 Recept Admitted Content deniedAdmitted

44.ANNEXURE 44

Letters dated May 16, 2014 by NHAI for taking all necessary steps for Safety Audit Work to PD, Letter dated May 17, 2013 of NHAI about various submission by Claimant, May 23, 2013 letter of NHAI for meeting and comments on Revised Inception Report Letter of June 6, 2012 of Claimant regarding approval of Inception Report and pending payment. Letter of Claimant dated June 28, 2013 regarding the delays and non-cooperation. Letter of June 28, 2013 of Mott MacDonald responding to the show cause notice of June 6, 2013.May 16, 2014 Admitted but of other projectMay 17, 2013 Admitted but of other project

May 23, 2013 Admitted but of other project

June 6, 2012 Receipt admitted content denied but of other project

June 28, 2013 Receipt admitted content denied but of other project

45.ANNEXURE 45

Letter of May 13, 2013 by Claimant regarding the intimation for visit to the site between May 14, 2013 to May 17, 2013.Admitted

46.ANNEXURE 46

Letter of Claimant dated May 14, 2013 in response to the Show Cause Notice.Receipt Admitted Contents Denied

47.ANNEXURE 47

Letter dated May 16, 2013 by Claimant regarding the progress report between March and April.Admitted

48.ANNEXURE 48

Letter of June 3, 2013 by NHAI stating that the withdrawal of Show Cause Notice was not possible. Letter of June 10, 2013 containing comments on monthly report of March and April 2013.Admitted

49.ANNEXURE 49

Letter of June 13, 2013 by Claimant with the submission of the Inspection Report.Admitted

50.ANNEXURE 50

Letter dated June 17, 2013 by Claimant requesting that out of 18 if 11 projects are withdrawn considering the advance stage, it would be in interest of both parties.Admitted

51.ANNEXURE 51

Letter dated June 19, 2013 of NHAI Show Cause Notice.Admitted

52.ANNEXURE 52

Letter of Claimant dated June 21, 2013 responding to the comments on MPR for March and April 2013.Receipt Admitted Contents Denied

53.ANNEXURE 53

Letter dated June 28, 2013 of Claimant with Monthly Report of May.Receipt Admitted Contents Denied

54.ANNEXURE 54

Letter dated July 1, 2013 of NHAI with various false allegations.Admitted

55.ANNEXURE 55

Letter of Claimant dated July 16, 2013 in response to the Comments on MPR of March and April 2013.Receipt Admitted Contents Denied

56.ANNEXURE 56

Letter of NHAI dated July 16, 2013 containing the Comments to the MPR of May 2013.Admitted

57.ANNEXURE 57

Letter of Claimant dated July 29, 2013 requesting NHAI to absolve it of all projects considering the various hardship.Receipt Admitted Contents Denied

58.ANNEXURE 58

Letter dated July 17, 2013 of NHAI, July 19, 2013 of Claimant, July 25, 2013 of NHAI for Comments September 14, 2013, September 26, 2013, November 25, 2013, November 27, 2013, November 29, 2013.Admitted

59.ANNEXURE 59

Letter dated August 13, 2013 of NHAI in response to the Claimants Letter of July 29, 2013 state that there is no provision of absolving and that you are Directed to complete the assignment as per the Contractual Agreements.Admitted

60.ANNEXURE 60

NHAI letter of December 17, 2013 in terms of Clause 1(ii), 6, 9 and 13 of the Agreement. It is stated that the termination is illegal, invalid, arbitrary as well as in gross violation of natural justice.Admitted

61.ANNEXURE 61

Claimants Letter of January 7, 2014 also lodged a protest to such an arbitrary and illegal act of the respondent and accordingly sent a letter to the General Manager and gave a detailed response to each of the allegations.Receipt Admitted Contents Denied

62.ANNEXURE 62

Respondent vide their letter dated April 4, 2014, issued another Show Cause notice to the Claimant as to why the Claimant should not be debarred from future assignments of respondent for a period of Two Years.Admitted

63.ANNEXURE 63

Letter dated June 6, 2013 by Claimant with the invoices.Recept Admitted Content denied

64.ANNEXURE 64

Letter dated April 24, 2011 and of Mott MacDonald in response to the Show Cause Notice threatening the debarment of Claimant.Receipt Admitted Contents Denied

RESPONDENT

THROUGH

(BALENDU SHEKHAR)

COUNSEL FOR RESPONDENT

A-126, Niti Bagh,

NEW DELHI-110049.

Mob: 9999666769