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2013 Supreme(MP) 1412

ALOK ARADHE
Jabalpur Corridor (India) Pvt. Ltd. – Appellant
Versus
M. P. Road Development Corporation Ltd. – Respondent


Advocates Appeared:
For the Appellant :Mr. Vivek Tankha, Sr. Advocate and Mr. Rishabh Sancheti, Advocate
For the Respondents:Mr. P.K. Kaurav, Mr. Aditya Khandekar and Mr. Vishal Vijayawargiya, Advocates

JUDGMENT

Alok Aradhe, J.

1. In this petition under Article 227 of the Constitution of India, the petitioners, inter alia, seek quashment of the order dated 19-2-2013 passed by the Trial Court, by which the application under Section 14 of the Arbitration and Conciliation Act, 1996 (in short "the 1996 Act") filed by respondent No. 1 seeking termination of mandate of Arbitral Tribunal, has been allowed. The background facts, leading to filing of this petition, briefly stated, are that the petitioner No. 1 is a company incorporated under the provisions of the Companies Act, 1956. The respondent No. 1 invited the tender for construction of Sagar-Damoh-Jabalpur road. The tender submitted by the petitioner No. 1 was accepted and concession agreement dated 11-4-2003 was entered into between the petitioner No. 1 and the respondent No. 1 with regard to construction and maintenance of Sagar-Damoh-Jabalpur road on BOT basis. Thereafter, the petitioner, respondent No. 1 and the Government of Madhya Pradesh entered into a State Support Agreement on 14-4-2003 under which State Government guaranteed the implementation of terms and conditions of the concession agreement by respondent No. 1. The respo























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