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
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