SARADA ROADWAYS Vs. VISAKHAPATNAM METROPOLITAN

JUDGEMENT

(1.) This is an application filed under Ss. 11(5) and 11(6) of the Arbitration and Conciliation Act, 1996, seeking the appointment of an arbitrator for purposes of adjudicating the disputes arising out of and in connection with License Agreement, dtd. 27/3/2005.

(2.) The petitioner claims to be a firm who was declared as a successful bidder for establishing a circular train on Kailasagiri Hills at Visakhapatnam, under the Build-Operate-Transfer (BOT) scheme. It is stated that the Visakhapatnam Metropolitan Region Development Authority (VMRDA) and the petitioner entered into a Build, Construction and Management Agreement as also a License Agreement, both dtd. 27/3/2005, which were registered on 3/5/2005, with the Joint Sub-Registrar, Visakhapatnam. According to the Agreement, the petitioner was permitted to operate the train for a period of 22 years, starting from 4/5/2007 till 3/5/2029.

(3.) Objections have been filed by the respondents, questioning the jurisdiction of this Court to entertain the present petition. It is stated that according to Clause 13.2 of the Agreement, dtd. 27/3/2005, which was an Agreement entered between the parties, named as Build, Construction and Management Agreement, it is only the Courts at Hyderabad would have the jurisdiction for settlement of the disputes.