STATE OF GUJARAT Vs. KCL-SRK JV

JUDGEMENT

(1.) The petitioners-State of Gujarat and Executive Engineer, Road and Buildings Division, Bharuch have invoked the jurisdiction of this Court under Article 227 of the Constitution seeking to challenge order dtd. 8/5/2023 passed below Exhibit 24 by learned 3rd Additional Sessions Judge, Bharuch.

(2.) The operative part of the impugned order is thus,

(3.) Setting out the facts in the background, disputes arose between the petitioner State and the respondent company from a contract executed between them, which was for construction of four-lane road at Ankleshwar-Jagadia-Rajpardi-Pratapnagar Road Km.0/0 to 44/0, District Bharuch. In view of the disputes, the respondent Company invoked arbitration clause in the contract and put forth its claim of Rs.157.00crores (approximately). The petitioner State filed counter claim for the amount of Rs.126,49,76,051.00. The Arbitral Tribunal declared its award dtd. 30/3/2022 and partly allowed the claim of the respondent to the tune of Rs.88,06,77,892.00, after giving set off for the award of Rs.3,10,22,227.00 in favour of the petitioners.