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2015 Supreme(Del) 350

S.MURALIDHAR
Ministry of Road Transport & Highways Government of India – Appellant
Versus
DSC Ventures Pvt. Ltd. – Respondent


Advocate Appeared:
For the Appellant:Ravi Sikri, Senior Advocate with Tanu Priya, Meenakshi Sood, Mukesh Kumar, Advocates
For the Respondent:Kapil Sibal, Senior Advocate with Akhil Sibal, Deepak Khurana, Jatin Mongia, Advocates

JUDGMENT:-

1. This appeal under Section 37 (2) (b) of the Arbitration and Conciliation Act, 1996 (‘Act’) is directed against the impugned order dated 25th February 2015 passed by the Arbitral Tribunal (‘AT’) restraining the Appellant Ministry of Road Transport and Highways (‘MoRTH’) from “taking any coercive steps to prevent in any manner the operation of the project facility by the claimant after 1st March 2015” and further directing the MoRTH to issue “a revised fee notification in terms of the concession agreement before 2nd March 2015” and further directing that such revised fee notification “may be issued for a period of six months within which period the Tribunal reasonably expects that the matter will be finally adjudicated.”

2. In terms of the Concession Agreement ('CA') dated 8th May 2003 executed between the MoRTH and the Respondent DSC Ventures Pvt. Ltd., the Respondent was awarded the contract for implementation of a project involving construction, operation and maintenance of four laning of two lane road from Km. 282 to Km. 308/6 of NH 6 (Raipur-Durg section in the State of Chhattisgarh) on a build, operate and transfer (‘BOT’) basis.

3. In its bid, the Respondent quoted
















































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