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2019 Supreme(Raj) 815

MOHAMMAD RAFIQ, ALOK SHARMA
State of Rajasthan – Appellant
Versus
A. N. S. Infrastructure Pvt. Ltd. – Respondent


Advocates Appeared:
For the Appellant :Rajendra Prasad, Sr. Advocate, Ashish Sharma, Rajesh Maharshi, AAG and Udit Sharma
For the Respondents:R.K. Agarwal, Sr. Advocate and Ashish Upadhyay

JUDGMENT :

Alok Sharma, J.

1. These two appeals under Section 37 of the Arbitration and Conciliation Act, 1996 (hereafter 'the Act of 1996') have been filed one by the Concessionaire, the claimant company as the Concessionaire (hereafter 'the Concessionaire') under the Concession agreement dated 8-7-2005 and the other by the non claimant State (hereafter 'the State'). Both are aggrieved of the order dated 12-5-2017 passed by Commercial Court (Additional District Judge No. 1) Jaipur Metropolitan, Jaipur. The State against the court's refusal to allow its objections under Section 34 of the Act of 1996 against the award dated 15-1-2015 as modified by the Arbitrator on 9-3-2015, and the Concessionaire against the court's refusal to enhance the award amount, the State seeks the award as also the order upholding it passed by the Commercial Court to be quashed and set aside. The Concessionaire seeks its enhancement to Rs. 220.19 crores from Rs. 43.7281 crores, as awarded by the Arbitrator, along with interest 8.5%. These two appeals are thus being together decided.

2. The facts of the case are that the State floated a Notice Inviting Tender (NIT) for improvement of (i) Kaman-Nandgaon-Kosi ro

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