PUBLIC WORKS DEPARTMENT, GOVERNMENT OF MAHARASHTRA, NATIONAL HIGHWAY DIVISION, PWD vs KHARE AND TARKUNDE INFRASTRUCTURE PVT. LTD.

F-J-F-J - ARBP-262-2024+ IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ARBITRATION PETITION NO. 262 OF 2024 WITH INTERIM APPLICATION (L) NO. 21282 OF 2024 WITH INTERIM APPLICATION (L) NO. 32187 OF 2023 IN ARBITRATION PETITION NO. 262 OF 2024 Public Works Department Got of …Petitioner Maharashtra National Highways Versus Khare And Tarkunde Infrastructure Pvt. Ltd. …Respondent WITH ARBITRATION PETITION NO. 264 OF 2024 ASHWINI JANARDAN WITH VALLAKATI INTERIM APPLICATION (L) NO. 21288 OF 2024 1. This is a Petition filed under Section 34 of the Arbitration and Conciliation Act, 1996 (“the Act”) impugning an arbitral award dated April 14, 2023 (“Arbitral Award”), by which disputes and differences relating to an Engineering Procurement and Construction Contract comprising agreements dated December 17, 2014 and December 24, 2014 (collectively the “Agreement”) executed between the parties came to be adjudicated. JUNE 12, 2026 Ashwini Vallakati F-J-F-J - ARBP-262-2024+ 2. The core contention that needs to be dealt with in the challenge is twofold: first, that Clause 4.1.5 specifically and categorically provides that the aggregate damages payable shall not exc