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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
MOUSHUMI BHATTACHARYA, B.R.MADHUSUDHAN RAO
Hyderabad Metropolitan Development Authority – Appellant
Versus
Cyberabad Expressway Limited. – Respondent
ORDER :
(Moushumi Bhattacharya, J.)
1. The Civil Revision Petition has been filed against an order dated 09.12.2024 passed by the learned Commercial Court at Hyderabad. The impugned order was passed in CEA No.1 of 2024, which was filed by the petitioners under section 47 of The Code of Civil Procedure, 1908 , for dismissal of the Execution Petition (CEP No.25 of 2019) filed by the respondent. The Commercial Court dismissed the petitioners’ application by way of the impugned order.
2. The petitioners are the Judgment-debtors and the respondents in an arbitration which culminated in an Award dated 27.02.2019. The respondent/claimant is the Award- holder having been awarded Rs.140,89,01,800/- for claim No.1 and Rs.39,50,00,000/- as bonus annuity along with interest @ 12% per annum for a specified period. The arbitration arose out of a Concession Agreement dated 17.08.2007 entered into between the petitioners and the respondent for Design, Construction and Maintenance of an 8-lane access controlled expressway under Phase II-A Programme as an extension of the Outer Ring Road to Hyderabad City, from Kollur to Patancheru from KM 12 to KM 23.7 on Build, Operate and Transfer (BOT) (Annuity) ba
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The enforcement of an arbitral award under the Arbitration and Conciliation Act, 1996 cannot be stalled solely due to an application for setting aside the award without a court-issued stay.
The Court emphasized the importance of adhering to the statutory provisions of the Arbitration and Conciliation Act, particularly regarding the filing of Section 34 applications during the pendency o....
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