BVEPL BHARTIA (JV) Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This is an application for appointment of an arbitrator in terms of Article 26.3 of the Engineering, Procurement and Construction Agreement dated December 2, 2019, (hereinafter referred to as the said agreement). The petitioner is a joint venture between Bharat Vanijya Eastern Pvt. Ltd. and Bharat Infra Projects Ltd. and was formed on May 20, 2019. Bharat Vanijya Eastern Pvt. Ltd. is an infrastructure development company in India. Bharat Infra Projects Ltd. is an item rate contractor involved in the construction of highways, bridges, roads, tunnels, railways, mining buildings, etc. in the north-east part of India. The two entities entered into a joint venture.

(2.) The West Bengal Highway Development Corporation in short (WBHDCL) is a company incorporated under the Companies Act, 1956. In 2019, WBHDCL invited request for proposals from eligible bidders as per the technical and commercial terms provided therein, for execution of work relating to a project of construction, widening, and strengthening of Bongaon-Chakdaha Road from the existing two-lane with paved shoulder to a standard four-lane.

(3.) Pursuant to the request for proposal, the petitioner submitted its bid and the said bid was accepted. The letter of acceptance was issued on September 17, 2019, at the contract price of Rs.379.00 crores. The said agreement was executed between the parties on December 2, 2019. The appointment date was February 28, 2020 and the project was to be completed within the 912th day from the date of appointment. The project was to be executed in the Engineering, Procurement and Construction Mode(EPC).