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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.
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, completion, operation, maintenance and the toll collection of certain sections of the NH - 8 highway.
5. The Appellant - SDMC, for the purpose of collection of toll tax from all border entry points within the NCT of Delhi, decided to engage a contractor and accordingly floated a tender, inviting bids from interested parties. The Respondent - SMS AAMW being the successful bidder was awarded the work for collection of toll tax for a period of 3 years and a Bilateral Agreement dated 14.05.2011 (hereinafter referred to
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