STATE OF MAHARASHTRA Vs. MORYA INFRASTRUCTURE PRIVATE LIMITED

JUDGEMENT

(1.) By the present Commercial Arbitration Appeal filed under Sec. 13 of the Commercial Courts Act, read with Sec. 37 of the Arbitration and Conciliation Act, 1996, the appellant has challenged the order dtd. 06/05/2022 passed by the Commercial Court, District Beed, in Civil M.A. (Arbitration) No. 87 of 2018, whereby the Commercial Court was pleased to dismiss the application filed by the Appellant under Sec. 34 of the Arbitration and Conciliation Act, 1996, and maintained the arbitral award dtd. 11/02/2018 passed by the Sole Arbitrator.

(2.) The facts of the appeal, in brief, are as follows :

(3.) The work was completed on 24/05/2004, and the respondent was permitted to collect toll from 01/07/2004 to 30/06/2016, with the obligation to maintain the road during the said period. It is the case of the Appellant that the condition of the road deteriorated and that the respondent failed to carry out necessary repairs despite repeated complaints received by the Appellant. The respondent was informed accordingly but failed to take corrective measures. Consequently, the Appellant was constrained to stop toll collection and passed an order to that effect.