STATE OF MAHARASHTRA Vs. PATWARDHAN INFRASTURCTURE PRIVATE LIMITED

JUDGEMENT

(1.) This Appeal has been filed under Sec. 37 of the Arbitration and Conciliation Act, 1996 ('the Act') impugning an Arbitral Award dated November 7, 2012 ('Impugned Award') and a Judgment dated September 24, 2014 ('Impugned Judgment'), which upheld the Impugned Award, dismissing a challenge under Sec. 34 of the Act.

(2.) The disputes and differences between the parties relate to the award of a work on August 31, 1999 and a short four-page agreement dated November 26, 1999, being signed ('Agreement'). The Appellant, the State of Maharashtra ('State'), awarded to the Respondent, Patwardhan Infrastructure Pvt. Ltd. ('Patwardhan'), a contract for construction of a two-lane bridge connecting Pen and Alibag across the Dharamtar Creek, on a build, operate and transfer basis, pursuant to a Tender inviting bids for the project ('Project').

(3.) The Project had been bid for by M/s Ameya Developers ('Ameya'), which won the bid with a proposed concession period of 13 years, 7 months and 35 days. The State, Ameya and Patwardhan executed a tripartite agreement for implementation of the Project. For all purposes of this judgement, references to Patwardhan are references to the concessionaire which is considered by all parties as being bound by, and a beneficiary of, the obligations and rights respectively, contracted for the Project.