LAWS(SC)-2023-5-46

RELIANCE INFRASTRUCTURE LTD Vs. STATE OF GOA

Decided On May 10, 2023
RELIANCE INFRASTRUCTURE LTD Appellant
V/S
STATE OF GOA Respondents

JUDGEMENT

(1.) Leave granted.

(2.) These two appeals, preferred against the judgment and order dtd. 8/3/2021, as passed by the High Court of Judicature at Bombay, Goa Bench in Commercial Appeal No. 12 of 2019, one by Reliance Infrastructure Limited (Hereinafter also referred to as 'the claimant'), being the appeal arising out of SLP (Civil) No.8493 of 2021; and another by the State of Goa (Hereinafter also referred to as 'the State' or 'the Government of Goa'), being the appeal arising out of SLP (Civil) No.16778 of 2021, have been considered together and are taken up for disposal by this common judgment.

(3.) By way of the impugned judgment and order dtd. 8/3/2021, while dealing with an appeal under Sec. 37 of the Arbitration and Conciliation Act, 1996 (Hereinafter also referred to as 'the Act of 1996' or simply 'the Act') read with Sec. 13 of the Commercial Courts, Commercial Division and Commercial Appellate Divisions of High Courts Act, 2015, the High Court has proceeded to upset the order dtd. 12/9/2019, as passed by the Principal District and Sessions Judge, North Goa, Panjim (Hereinafter also referred to as 'the Commercial Court') in dismissing the application filed under Sec. 34 of the Act; and has partially set aside the award dtd. 16/2/2018, as made by the Arbitral Tribunal comprising of the Sole Arbitrator, a former Judge of this Court.