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SUPREME COURT
, J
South Delhi Municipal Corporation – Appellant
Versus
SMS AAMW Tollway Private Ltd. – Respondent
| Table of Content |
|---|
| 1. factual background on toll tax agreement (Para 2 , 3 , 4 , 5 , 6 , 7 , 9) |
| 2. dispute resolution mechanism under the agreement (Para 10 , 11 , 16) |
| 3. legal interpretation of arbitration versus appeal (Para 17 , 18 , 21 , 22) |
| 4. court's findings on the existence of arbitration agreement (Para 23 , 24) |
1. Leave granted.
2. The Appellant - South Delhi Municipal Corporation (hereinafter referred to as 'SDMC') has challenged the impugned order dated 17.06.2016 passed by the learned Single Judge of the Hon'ble High Court of Delhi, New Delhi in Arbitration Petition No. 475/2015. By that order, the learned Single Judge allowed the Petition filed by the Respondent - SMS AAMW Tollway Private Ltd. (hereinafter referred to as 'SMS AAMW') under S.11(6) of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as 'the Act').
3. Brief Facts
The National Highways Authority of India (hereinafter referred to as 'NHAI') entered into a State Support Agreement (hereinafter referred to as 'the SSA') dated 27.5.2004/22.2.2005 with M/s Jaypee - DSC Ventures Limited (hereinafter referred to as 'Concessionaire') for the design, engineering, financing, procurement, construction, com
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