ARBP/16/2021
2021 Latest Caselaw 2956 Ori

ARBP No. 16 of 2021

02. 26.02.2021 Heard Mr. Ipsit Aurobindo Acharya, learned counsel for the Petitioner.

Learned counsel for the Petitioner relies on a judgment dated 28th October, 2020 passed by a learned Single Judge of the High Court of Kerala in A.R. No. 103 of 2019 between this very Petitioner and the Airport Authority of India, Calicut, where an identical clause of the Concessionaire Agreement, which also incorporated the Request for Proposal (RFP) as part of the Concessionaire Agreement, was interpreted and it was held that clause 5.1 of the RFP cannot preclude the Petitioner for seeking to implement Article 22 of the concessionaire agreement (the arbitration clause). In other words it was held that it was not mandatory for the petitioner to comply with the requirement of clause 5.15 of the RFP in order to seek appointment of an Arbitrator.

Issue notice to the sole Opposite Party by Speed Post with A.D. making it returnable by 9th April, 2021. Requisites be filed within four days. The tracking report be placed on record by the next date.

List on 9th April, 2021.

( Dr. S. Muralidhar) Chief Justice A.Dash/PS