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2012 Supreme(Bom) 1786

S.J.KATHAWALLA
Nagpur Sical Gupta Road Terminal Limited – Appellant
Versus
Maharashtra Airport Development Com. Ltd. (MADC) – Respondent


Advocates Appeared:
For the Petitioner:Shyam Mehta, Senior Advocate, with Zerick Dastur, Ms. Sneha Sheth, Ms. Arti Raghavan, instructed by M/s. J. Sagar Associates, Advocates.
For the Respondent:Atul Rajadhyaksha, Senior Advocate, along with Akhilesh S. Dubey, Vagish Mishra, Rahul Sharma & Ms. U.U. Pandey, instructed by M/s. M. Tripathi & Co., Advocates.

Judgment

The above Petition is filed under Section 9 of the Arbitration and Conciliation Act, 1996 (“the said Act”) by the Petitioner, M/s. Nagpur Sical Gupta Road Terminal Limited, inter alia seeking recall of the Order dated 10th July, 2012, passed by this Court in Arbitration Petition (L) No. 655 of 2012 and Arbitration Application filed under Section 11 of the said Act bearing Arbitration Application (L) No. 870 of 2012.

2. The Petitioner Company was established in the year 2007, and is a Joint Venture Company (‘JVC’) for the purpose of implementation of the project concerning development, operation and management of the Road Terminal in the MIHAN Project Area at Nagpur, alongwith the Respondent herein i.e. Maharashtra Airport Development Company Limited (‘MADC’). The Petitioner and the Respondent had entered into a Concession Agreement dated 20th April 2007 (“the said Agreement”). Under Clause 13.2 of the said Agreement the Petitioner and the Respondent have agreed to have their disputes and differences arising out of the said Agreement arbitrated by the named Arbitrator Mr. R.C. Sinha, the then Managing Director of the Respondent.

3. The Respondent by its letter dated 4th Oct
























































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