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IN THE HIGH COURT OF ORISSA AT CUTTACK
K.R.MOHAPATRA
Forum Projects Private Limited, Kolkata – Appellant
Versus
Berhampur Development Authority, Berhampur, Ganjam – Respondent
| Table of Content |
|---|
| 1. formation of contract in bidding process (Para 1 , 2) |
| 2. appellant's arguments on contract acceptance (Para 3 , 4) |
| 3. respondent's argument on contract non-existence (Para 5 , 6) |
| 4. conditions for invoking arbitration clause (Para 7 , 8) |
| 5. need for a concluded contract for arbitration (Para 9 , 10 , 11 , 12 , 13 , 14) |
| 6. conclusion - appeal dismissed (Para 15) |
JUDGMENT :
K.R. Mohapatra, J.
This appeal under Section 37 of the Arbitration Conciliation Act, 1996 (for short, the Arbitration Act’) has been filed assailing the order dated 18.10.2019 (Annexure-1) passed by learned District Judge, Ganjam, Berhampur in Arbitration Petition No.4 of 2018, whereby he dismissed a petition filed by the present Appellant-Company under Section 9 of the Arbitration Act holding it to be not maintainable.
2. Short narration of facts necessary for proper adjudication of this appeal are that pursuant to a ‘Request for Proposal’ (RFP) by the Respondent - Berhampur Development Authority (BDA) for development of Integrated Commercial – cum - Residential Complex in Berhampur, the Appellant had participated in the bid and became the highest bidder having quoted an amount of Rs.9.40 crore. The p
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