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P. NAVEEN RAO, NAGESH BHEEMAPAKA
Hyderabad Metropolitan Development Authority – Appellant
Versus
Ramky Elsamex Hyderabad Ring Road Limited – Respondent
ORDER :
1. Heard Sri Rajiv Shanker Dvivedi learned counsel appearing for Sri Y.Rama Rao for the petitioners and Sri D.Prakash Reddy, learned senior counsel appearing for Sri M.Pranav for respondent.
2. Petitioners have entered into concession agreement on 18.8.2007 with respondent for execution of work of designing, construction, development, finance, operation and maintenance of eight lane access controlled expressway under Phase II-A programme of the Outer Ring Road to Hyderabad from Tukkuguda to Shamshabad on Build Operate and Transfer (BOT) basis. Clause 39 of the concession agreement dated 18.8.2007 provides for resolution of disputes. Clause 39.2 provides for referring unresolved dispute to a Board of Arbitrators comprising three Arbitrators, out of which, each party shall select one Arbitrator and third Arbitrator should be appointed in accordance with the Rules of Arbitration.
3. According to respondent, petitioners are required to pay more than Rs. 12 crores and as dispute was not resolved amicably, respondent took recourse to Clause 39.2 to appoint a retired Judge of this Court as Arbitrator. Petitioners appointed a Retired Chief Engineer, Roads and Buildings Department as t
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