SARADA RODWAYS Vs. VISAKHAPATNAM METROPOLITAN REGION DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) Heard Sri. Posani Venkateswarlu, Senior Advocate, assisted by Sri. Posani Akash, learned Counsel for the Appellant/Petitioner and Sri. V. Surya Kiran Kumar, learned Standing Counsel for the Sole Respondent.

(2.) These Appeals, under Sec. 13 of the Commercial Courts Act, 2015, [in short 'CC Act'] read with Sec. 37 of the Arbitration and Conciliation Act, 1996, [in short 'Arbitration Act'] are filed by the Appellant challenging the Common Order, dtd. 12/5/2023, passed in I.A. Nos. 135 and 136 of 2023 in C.A.O.P. No. 17 of 2023 by the Court of Special Judge for Trial and Disposal of Commercial Disputes, Visakhapatnam.

(3.) The Appellant M/s. Sarada Roadways, was the successful bidder to establish a circular train at Kailasagiri Hills, Visakhapatnam, under the scheme of "Build- Operate-Transfer" ['BOT']. An agreement; "Build, Construction and Management Agreement"; was entered with the Respondent - Visakhapatnam Metropolitan Region Development Authority ['VMRDA'], on 27/3/2005, registered on 3/5/2005, vide document No. 3472 of 2005, at Joint Sub-Registrar Office, Visakhapatnam. A supplementary agreement, dtd. 3/6/2006, was also entered. It is submitted that, the operation of the circular train was hampered due to various reasons during different periods. VMRDA bears the responsibility to compensate the Appellant for the incurred revenue loss as per the Supplementary Agreement. Apart from that, the Respondent was also to pay certain dues towards free passes availed. However, the VMRDA started claiming license fee and other charges.