The State Of Gujarat vs Ashvika Construction Pvt. Ltd. … on 6 July, 2018

CORAM:
HON’BLE MR. JUSTICE S. RAVINDRA BHAT
HON’BLE MR. JUSTICE A.K. CHAWLA

MR. JUSTICE S. RAVINDRA BHAT

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1. Arguing that the judgment and order of a learned Single Judge
rejecting its petition under Section 34 of The Arbitration and Conciliation
Act, 1996 (hereafter “the Act”) is erroneous, the State of Gujarat (hereafter
“the State”) or “the appellant”) approaches this Court. The State challenged
an award dated 10.12.2010 made by the sole Arbitrator in disputes between
it and the respondent (hereafter “Ashvika”) which arose out of a tripartite
Build, Operate and Transfer (hereafter “BOT”) Agreement dated 19.09.1996
between the Government of India on the one part, the State and Ashvika on
the other hand. The agreement was for building a four-lane Road Over
Bridge (hereafter “ROB”) and its approaches from km 259/4 to km 263/4 in
the Ahmedabad-Mumbai section of NH-8 on BOT basis in place of the then

FAO (OS) 162/2017 Page 1 of 12
existing two-lane Railway level crossing No. 13-A, between km 261/2 to km
261/4 of the said section of the National Highway.

Source: Indian Kanoon

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