MORA TOLLWAYS LIMITED Vs. BIHAR STATE ROAD DEVELOPMENT CORPORATION LIMITED THROUGH ITS MANAGING DIRECTOR

JUDGEMENT

(1.) Heard Mr. Sanjeev Kumar, learned counsel representing the petitioner and Mr. Lalit Kishore, learned Senior Advocate representing the respondents.

(2.) This application has been filed for setting aside the order dated 17.5.2018 passed by the learned District Judge, Patna in Misc. (Arbitration) Case No. 68 of 2018 by which the learned District Judge has dismissed the application preferred by the present petitioner under section 29A(4) of the Arbitration and Conciliation Act, 1996 (as amended up-to-date) (hereinafter referred to as 'the Act of 1996').

(3.) The brief facts which led to filing of the present application are not in dispute. Pursuant to termination of a work contract of operation and maintenance of National Highway No.30 in the State of Bihar which was awarded to the present petitioner, a dispute arose between the petitioner and the respondents. The said dispute has been referred to a three-Member Arbitral Tribunal which is presided over by Hon'ble Mr. Justice G.B.Patnaik, former Chief Justice of India. After initiation of the arbitration proceeding, the parties participated therein but the proceeding could not be concluded within a period of 12 months as envisaged under section 29A of 'the Act of 1996'.