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VIVEK RUSIA, RAJENDRA KUMAR VANI
Neeraj Motors and Travels (M/s. ) – Appellant
Versus
Gwalior Smart City Development Corporation Limited – Respondent
ORDER
1. The appellant has filed the present appeal under section 37 of the Arbitration and Conciliation Act, 1996 (hereinafter shall be referred to as the Act) being aggrieved by the order dt.17.10.2023 passed by the Commercial Court, Gwalior, whereby the application filed by the appellant under section 9 of the Arbitration Act has been dismissed.
2. Facts of the case in short are as under :--
(i) The respondents issued a Request For Proposal (RFP) bearing RFP No.GSCDCL/61/E-Tendering/2018-19 for selection of Bus Operators for Bus Transport System in Gwalior on a cluster basis through Procurement, Operation and Maintain Basis for a period of 7 years in 2 clusters.
(ii) The appellant participated in the said e-tendering process for all 2 clusters. Two separate letters of acceptance were issued by the appellant on 27.9.2018. The appellant submitted performance guarantees each of Rs.16,80,000/- and thereafter offered a total of 32 buses in both clusters. Thereafter, agreements were also duly executed and the appellant started plying the buses on the basis of a permit granted by the Regional Transport Authority Gwalior .
(iii) The appellant in addition to the submission of two perfo
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