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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
SOMASEKHAR SUNDARESAN
State of Maharashtra – Appellant
Versus
Kalyan Sangam Infratech Ltd. – Respondent
JUDGMENT :
Somasekhar Sundaresan, J.
1. This is a Petition filed under Section 34 of the Arbitration and Conciliation Act, 1996 (“the Act”) challenging an arbitral award dated October 10, 2017 (“Impugned Award”) rendered by a three-member arbitral tribunal, as also an additional award dated February 24, 2018, passed pursuant to corrections sought under Section 33 of the Act.
2. The disputes and differences between the parties arose in connection with a Concession Agreement dated March 23, 2009 (“Concession Agreement”) under which the Respondent Kalyan Sangam Infratech Limited (“Kalyan Sangam”) was awarded the project of construction, operation, maintenance and transfer of the South Kasheli and North Kasheli Bridge along with its approaches on Thane-Bhiwandi-Wadapa Road in Thane District (“Project”).
3. In consideration for building, operating and maintaining the Project with a transfer at the expiry of the Concession Agreement, Kalyan Sangam was entitled to collect toll from users plying vehicles on the infrastructure built by it. The Concession Agreement was preceded by a Letter of Intent dated August 5, 2008 (“LOI”) issued by the Petitioner, State of Maharashtra through its Public Wo
The court upheld that materially adverse effects on toll collections justified the arbitral tribunal's conclusion of a material breach leading to terminal payments under the Concession Agreement.
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Point of Law : Commercial Vehicles - Toll plazas/posts/barriers - Collection of Toll Tax – Whether rights of petitioner is violated - Conduct of parties is governed by the Contract Agreement and the ....
Arbitration - Arbitral Award - Section 31(3) of the A&C Act requires that an arbitral award must state reasons upon which it has been based. The said requirement must be read in a meaningful manner.
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