IN THE MATTER OF ARBITRATION BEFORE

THE SOLE ARBITRATOR Mr. R.K.Jain

In 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.

ANNEXURES

1.

ANNEXURE 1
Copy of the Advertisement dated July
27, 2010

2.

ANNEXURE 2
A copy of the Corrigendum dated
September 20, 2010
ANNEXURE 3
A copy of the invitation for proposal.
ANNEXURE 4
A copy of the meeting dated August
9, 2010 and the addendum to the RFP
ANNEXURE 5
A copy of the Letter of Acceptance
dated November 19, 2010 with a
copy of the Financial Bid
ANNEXURE 6
A copy of the Letter of Acceptance
dated November 19, 2010
ANNEXURE 7

3.
4.
5.

6.
7.

ADMISSION/
DENIAL
Admitted

Admitted
Admitted
Admitted
Admitted

Admitted
Admitted

8.

9.
10.
11.

12.

13.
14.

15.
16.
17.
18.
19.
20.

Letter of November 25, 2010

acceptance by Mott MacDonald
ANNEXURE 8 Colly
Various letters dated November 29,
2010 and January 17, 2011 between
the parties in connection to the Bank
Guarantees.
ANNEXURE 9
Copy of the Contract dated February
28, 2011.
ANNEXURE 10
Copy of letter dated February 15,
2011 for change of Team leader.
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.
ANNEXURE 12
Copy of the letter Dated March 25,
2011 issued by Respondent for
Training.
ANNEXURE 13
Copy of the attendance sheet.
ANNEXURE 14
A copy of the invoice as well as the
payment made on April 20, 2011 for
a sum of Rs.5,00,000
ANNEXURE 15
Copy of the letter dated April 19,
2011.
ANNEXURE 16
Copy of the Letter dated April 21,
2011 of Claimant.
ANNEXURE 17
A copy of the letter dated April 26,
2011
ANNEXURE 18
A copy of the letter dated April 26,
2011
ANNEXURE 19
A copy of the letter dated May 3,
2011 of Claimant
ANNEXURE 20
A copy of the letter dated May 4,
2011 of Claimant with CV of Mr.
Subhajit Lahiri.

Admitted

Admitted
Receipt
Admitted
Contents Denied
Admitted

Admitted

Admitted
Denied for want of
knowledge
Denied for want of
knowledge
Receipt
Admitted
Contents Denied
Receipt
Admitted
Contents Denied
Receipt
Admitted
Contents Denied
Denied for want of
knowledge
Receipt
Admitted
Contents Denied

21.

22.
23.
24.

25.
26.
27.

ANNEXURE 21
A copy of the letter dated May 16,
2011 of Claimant with submission of
Inception Report.
ANNEXURE 22
A copy of the letter dated May 20,
2011 with CV of Mr. David Cunliffe.
ANNEXURE 23
Copies of the said letters dated June
14, 2011 and July 19, 2011.
ANNEXURE 24
Copy of the letter dated August 19,
2011, November 29, 2011, and
January 5, 2012.
ANNEXURE 25
Copy of the Letter dated November
30, 2011
ANNEXURE 26
Copies of the letters dated January 5,
2012 of Claimant.
ANNEXURE 27
Copy of the
letter dated
February 2, 2012
February 3, 2012

Receipt
Admitted
Content denied

Receipt
Admitted
Contents Denied
Admitted
Receipt
Admitted
Contents Denied
Admitted
Receipt
Admitted
Contents Denied
February 2, 2012
Admitted
February 3, 2012 Receipt
Admitted
Contents Denied

February 7, 2012, February 8, 2012, February 7, 2012 Admitted

February 27, 2012 and March 15, Recept
Content denied
2012.
February 8, 2012
Recept
Admitted
Content
deniedFebruary 27,
2012

Recept
Admitted
Content
denied

28.

29.

30.

March 15, 2012

Admitted
Admitted

ANNEXURE 28
Letter of February 28, 2012 by NHAI
informing the Claimant to collect the
data from Police Station.
ANNEXURE 29
Receipt
Admitted
Letter of May 21, 2012 by Claimant Contents Denied
regarding the processing of Inception
Report and Invoices
ANNEXURE 30
Admitted
Letter of June 7, 2012 by NHAI
stating that in the absence of breakup

31.
32.

33.

34.

35.

36.

37.

38.

39.

40.

41.

in the financial bid, Claimant must

ensure that the same team is present.
ANNEXURE 31
Letter of June 19, 2012 by NHAI as a
reminder for June 7, 2012
ANNEXURE 32
Letter of June 19, 2012 by Claimant
as well as of June 26, 2012 for
approval of Team Leader
ANNEXURE 33
Copy of the letter dated August 2,
2011 for cost breakup and August 1,
2011 with the name approval.
ANNEXURE 34
Copy of the letter dated August 6,
2012 of Mott MacDonald regarding
the CV and name approval of Team
Leader.
ANNEXURE 35
Copy of the letter dated August 22,
2012 by NHAI in response to the
Letter of August 6, 2012 of Claimant.
ANNEXURE 36
Copies of the Letter dated September
11, 2012 by NHAI for collection of
Accident data.
ANNEXURE 37
Copies of the letters dated December
21, 2012 of Claimant containing the
Modified Inception Report.
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.
ANNEXURE 39
Letter dated December 22, 2012 and
circulars December 21, 2012,
December 19, 2012, December 17,
2012 by NHAI.
ANNEXURE 40
Letter dated February 25, 2013 by
Claimant with monthly progress
report.
ANNEXURE 41
Letter of February 28, 2013 from
NHAI alleging that the TVC was

Admitted
Receipt
Admitted
Contents Denied
Receipt
Admitted
Contents Denied
Receipt
Admitted
Contents Denied

Admitted

Admitted

Admitted

Admitted

Recept
Admitted
Content denied

Admitted

Admitted

42.

43.

conducted without intimation.

ANNEXURE 42
Admitted
Letter of April 27, 2013 of NHAI for
deliberation on modified inception
report.
ANNEXURE 43
Show Cause Notice issued by NHAI
on May 2, 2013 and the response of May
2,
Admitted
Claimant dated May 14, 2013.

2013

May 14, 2013 Recept

Admitted
Content
denied

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.

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.
ANNEXURE 46
Letter of Claimant dated May 14,
2013 in response to the Show Cause
Notice.
ANNEXURE 47

46.

47.

Admitted
May
16,
2014
Admitted but of
other project
May
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
Admitted

Receipt
Admitted
Contents Denied
Admitted

48.

49.

50.

51.
52.

53.

54.
55.

56.

57.

58.

Letter dated May 16, 2013 by

Claimant regarding the progress
report between March and April.
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.
ANNEXURE 49
Letter of June 13, 2013 by Claimant
with the submission of the Inspection
Report.
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.
ANNEXURE 51
Letter dated June 19, 2013 of NHAI
Show Cause Notice.
ANNEXURE 52
Letter of Claimant dated June 21,
2013 responding to the comments on
MPR for March and April 2013.
ANNEXURE 53
Letter dated June 28, 2013 of
Claimant with Monthly Report of
May.
ANNEXURE 54
Letter dated July 1, 2013 of NHAI
with various false allegations.
ANNEXURE 55
Letter of Claimant dated July 16,
2013 in response to the Comments on
MPR of March and April 2013.
ANNEXURE 56
Letter of NHAI dated July 16, 2013
containing the Comments to the MPR
of May 2013.
ANNEXURE 57
Letter of Claimant dated July 29,
2013 requesting NHAI to absolve it
of all projects considering the various
hardship.
ANNEXURE 58
Letter dated July 17, 2013 of NHAI,
July 19, 2013 of Claimant, July 25,

Admitted

Admitted

Admitted

Admitted
Receipt
Admitted
Contents Denied
Receipt
Admitted
Contents Denied
Admitted
Receipt
Admitted
Contents Denied
Admitted

Receipt
Admitted
Contents Denied

Admitted

59.

60.

61.

62.

63.
64.

2013 of NHAI for Comments

September 14, 2013, September 26,
2013, November 25, 2013, November
27, 2013, November 29, 2013.
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.
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.
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.
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.
ANNEXURE 63
Letter dated June 6, 2013 by
Claimant with the invoices.
ANNEXURE 64
Letter dated April 24, 2011 and of
Mott MacDonald in response to the
Show Cause Notice threatening the
debarment of Claimant.

Admitted

Admitted

Receipt
Admitted
Contents Denied

Admitted

Recept
Admitted
Content denied

Receipt
Admitted
Contents Denied

RESPONDENT
THROUGH
(BALENDU SHEKHAR)
COUNSEL FOR RESPONDENT
A-126, Niti Bagh,
NEW DELHI-110049.
Mob: 9999666769