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IN THE HIGH COURT AT CALCUTTA
SHAMPA SARKAR
Bvepl Bhartia (JV) – Appellant
Versus
State of West Bengal – Respondent
JUDGMENT :
Shampa Sarkar, J.
1. This is an application for appointment of an arbitrator in terms of Article 26.3 of the Engineering, Procurement and Construction Agreement dated December 2, 2019, (hereinafter referred to as the said agreement). The petitioner is a joint venture between Bharat Vanijya Eastern Pvt. Ltd. and Bharat Infra Projects Ltd. and was formed on May 20, 2019. Bharat Vanijya Eastern Pvt. Ltd. is an infrastructure development company in India. Bharat Infra Projects Ltd. is an item rate contractor involved in the construction of highways, bridges, roads, tunnels, railways, mining buildings, etc. in the north-east part of India. The two entities entered into a joint venture.
2. The West Bengal Highway Development Corporation in short (WBHDCL) is a company incorporated under the Companies Act, 1956. In 2019, WBHDCL invited request for proposals from eligible bidders as per the technical and commercial terms provided therein, for execution of work relating to a project of construction, widening, and strengthening of Bongaon-Chakdaha Road from the existing two-lane with paved shoulder to a standard four-lane.
3. Pursuant to the request for proposal, the petitioner submitt
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