Maharashtra State Road ... vs Plus Bksp Toll Ltd
2021 Latest Caselaw 6473 Bom

                                                                 1.CARBP.68.2018.odt

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          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
             ORDINARY ORIGINAL CIVIL JURISDICTION
                  IN ITS COMMERCIAL DIVISION
                   COMM. ARBITRATION PETITION NO. 68 OF 2018

      Maharashtra State Road Development Corp.
      Ltd.                                     ... Petitioner
           Vs
      PLUS BKSP TOLL Ltd.                      ... Respondent


      Mr. Iqbal Chagla, Sr. Counsel a/w Rajiv Kumar Sr. Counsel a/w
      Aliabbas Delhiwala and Mr. Jehaan Mehta, Jayendra Kapadia,
      Fozan Lakdawala a/w Ms Riddhi Pawar i/b Little and Co. for the
      Petitioner.
      Mr. Darius Khambatta, Sr. Counsel a/w Zal Andhyarujina, Sr.
      Counsel, Anshul Tyagi, Prithvi Sidhu and Saloni Sharma i/b
      Yakshay Chheda for the Respondent.

                                         CORAM : B. P. COLABAWALLA, J.

THROUGH VIDEO CONFERENCE DATE : 19th APRIL, 2021

P.C. :

1 This Arbitration Petition is fled under Section 14 and 15

of the Arbitration and Conciliation Act, 1996 (for short "the Act")

seeking a declaration that the mandate of the Arbitral Tribunal is

terminated and this Court permit the petitioner to substitute the

present Tribunal with a new Tribunal as per the terms of the

Concession Agreement dated 25th August, 2006.

1.CARBP.68.2018.odt

2 In the facts of the present matter, the petitioner herein

had challenged the Interim Award passed by the Arbitral Tribunal

dated 25th April, 2017 by fling Arbitration Petition No. 371 of 2017

under Section 34 of the Act. This petition, challenging the Interim

Award, has been disposed of by me today vide a detailed Judgment

and Order. In view of the fndings that I have rendered in my

Judgment passed in Arbitration Petition No.371 of 2017, I fnd that

nothing survives in the present petition and the same is disposed of

accordingly. There shall be no order as to costs.

3 All concerned shall act on an ordinary copy of this order

which shall be duly authenticated by the Associate/ Private

Secretary/ Personal Assistant of this Court.

(B. P. COLABAWALLA, J. )