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2018 Supreme(SC) 1153

S.A.BOBDE, L.NAGESWARA RAO
South Delhi Municipal Corporation – Appellant
Versus
SMS AAMW Tollways Private Ltd. – Respondent


JUDGMENT

S.A. BOBDE, J.

Leave granted.

2. The Appellant-South Delhi Municipal Corporation (hereinafter referred to as ‘SDMC’) has challenged the impugned order dated 17.06.2016 passed by the learned Single Judge of the Hon’ble High Court of Delhi, New Delhi in Arbitration Petition No. 475/2015. By that order, the learned Single Judge allowed the Petition filed by the Respondent-SMS AAMW Tollway Private Ltd. (hereinafter referred to as ‘SMS AAMW’) under Section 11(6) of the Arbitration and

Brief Facts

3. The National Highways Authority of India (hereinafter referred to as ‘NHAI’) entered into a State Support Agreement (hereinafter referred to as ‘the SSA’) dated 27.5.2004/22.2.2005 with M/s Jaypee-DSC Ventures Limited (hereinafter referred to as ‘Concessionaire’) for the design, engineering, financing, procurement, construction, completion, operation, maintenance and the toll collection of certain sections of the NH-8 highway.

4. The arrangement under the SSA was that the Concessionaire of the NHAI shall not only collect the toll under the concession agreement executed between NHAI and its Concessionaire, but also the entry toll (toll tax) levied by the Appellant-SDMC on entry of sp















































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