SOWIL LIMITED Vs. INDIAN HIGHWAYS MANAGEMENT COMPANY LIMITED

JUDGEMENT

(1.) The petitioner (hereafter "SOWIL") has filed the present petition impugning the Arbitral Award dtd. 10/11/2021 (hereafter the "impugned award") passed by the Arbitral Tribunal comprising of a Sole Arbitrator (hereafter the "Arbitral Tribunal"). The said award was rendered in the context of disputes that have arisen between the parties in connection with an agreement dtd. 28/10/2014 (hereafter the "Agreement").

(2.) SOWIL is a company incorporated under the Companies Act, 1956. The respondent (hereafter "IHMC") is also an incorporated company and is engaged in providing services pertaining to management of toll collection on national highways through electronic toll systems. IHMC is, inter alia, engaged in the activity of assessing the volume of traffic on National Highways; to standardize the process of data collection; and, for creating a central data repository through traffic surveys using portable Automatic Traffic Counter-cum-Classifiers (hereafter "ATCC").

(3.) The Ministry of Road, Transport and Highways (hereafter "MORTH"), Government of India had instructed IHMC to conduct traffic surveys at around 1600 locations on National Highways in India.