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2021 Supreme(Ori) 37

K.R.MOHAPATRA
Odisha State Road Transport Corporation – Appellant
Versus
ARSS Bus Terminal Pvt. Ltd. – Respondent


Advocate Appeared:
For the Petitioner:Mr. Sanjit Mohanty, Senior Advocate along with Mr. Subrat Mishra, Advocate
For the Respondent:M/s. Naresh Thacker and Mr. Manish Panda, Advocates

JUDGMENT :

1. This writ petition has been filed assailing the order dated 11.12.2020 (Annexure-7) passed by learned Arbitral Tribunal in Arbitration Proceeding No.68 of 2019, whereby it rejected an application filed under Section 16(2) of the Arbitration and Conciliation Act, 1996 (for short, ‘the Arbitration Act’).

2. Short narration of facts relevant for proper adjudication of this case are that the Government of Odisha in the Department of Commerce and Transport published notice on 14.12.2009 informing about issuance of Request for Proposal (RFP) and inviting tender from reputed Infrastructure Developers for development of the Baramunda Bus Terminal, Bhubaneswar along with commercial facilities through public private partnership mode. In the said tender process, ARSS Infrastructure Project Limited (ARSS Infra) was selected as the preferred bidder. Accordingly, on 26.07.2010 Letter of Acceptance was issued by the Secretary to Government of Odisha, Department of Commerce and Transport in favour of the ARSS Infra. A Concession Agreement was executed between the General Manager of Orissa State Road Transport Corporation (OSRTC) (the Petitioner) and Opposite Party-ARSS Infra on 16.03.2

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