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2021 Supreme(Bom) 1027

B.P.COLABAWALLA
Maharashtra State Road Development Corporation Limited – Appellant
Versus
Plus Bksp Toll Ltd – Respondent


Advocates appeared:
Iqbal Chagla, Advocate, Rajiv Kumar, Advocate, Aliabbas Delhiwala, Advocate, Jehaan Mehta, Advocate, Jayendra Kapadia, Advocate, Fozan Lakdawala, Advocate, Riddhi Pawar, Advocate, Little & Co, Advocate, Darius Khambatta, Advocate, Zal Andhyarujina, Advocate, Anshul Tyagi, Advocate, Prithvi Sidhu, Advocate, Saloni Sharma, Advocate, Yakshay Chheda, Advocate

JUDGMENT

B P Colabawalla, J. - By this petition filed under section 34 of the Arbitration & Conciliation Act, 1996 (for short "the Act"), the petitioner challenges the Interim Award dated 25th April, 2017, passed by the Arbitral Tribunal to the extent it awards and determines:

(i) that the Concession Agreement dated 25th August, 2006 was validly terminated, both on account of Political Force Majeure Events and material default on the part of the Petitioner thereby holding / finding that the issue of liability against the Petitioner is finally determined;

(ii) that the hearing stands bifurcated and all quantum related issues deferred to a second phase to decide the quantum of the Respondent's claims;

(iii) the issues that would arise in the second stage of the arbitration as set out in paragraph 83 of the Impugned Award;

(iv) that there was no conciliation under the Arbitration and Conciliation Act, 1996;

(v) that the second phase may involve a brief set of pleadings whereby the Respondent may make fresh quantum claims, and the Petitioner may file its response to the quantum, claims, and do

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