KALYAN SANGAM INFRATECH LTD. vs STATE OF MAHARASHTRA

Judgment text excerpt

CARBP.537.2017.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION IN ITS COMMERCIAL DIVISION COMMERCIAL ARBITRATION PETITION NO. 537 OF 2017 WITH INTERIM APPLICATION NO. 101 OF 2023 State of Maharashtra …Petitioner Versus Kalyan Sangam Infratech Ltd. …Respondent WITH INTERIM APPLICATION NO. 1296 OF 2021 IN COMMERCIAL ARBITRATION PETITION NO. 537 OF 2017 Kalyan Sangam Infratech Ltd. …Petitioner Versus State of Maharashtra …Respondent Mr. Zal Andhyarujina, Senior Advocate a/w. Mr. Sanjay Kadam, Mr. Karan Bhide, Ms. Sayalee Rajpurkar and Ms. Netra Jagtap i/b Kadam & Company, for State of Maharashtra. Mr. Navroz Seervai, Senior Advocate a/w. Mr. Cherag Balsara, Mr. Ali Antulay and Ms. Sayli Shine i/b M/s. Kartikeya & Associates, for Kalyan Sangam Infratech Ltd. CORAM : SOMASEKHAR SUNDARESAN, J. DATE : November 3, 2025 Judgement: Digitally ASHWINI signed by ASHWINI JANARDAN JANARDAN VALLAKATI 1. This is a Petition filed under Section 34 of the Arbitration and VALLAKATI Date: 2025.11.03 15:48:16 +0530 Page 1 of 30 November 3, 2025 Shraddha/Ashwini Vallakati CARBP.537.2017.doc Conciliation Act, 1996 (“the Act”) challenging an arbitral award dated October 10, 2017 (“Impugned Award”) rendered by a three-member arbitral tribunal, as also an additional award dated February 24, 2018, passed pursuant to corrections sought under Section 33 of the Act. 2. The disputes and differences between the parties arose in connection with a Concession Agreement dated March 23, 2009 (“Concession Agreement”) under which the Respondent Kalyan Sangam Infratech Limited (“Kalyan Sangam”) was awarded the project of construction, operation, maintenance and transfer of the South Kasheli and North Kasheli Bridge along with its approaches on Thane- Bhiwandi-Wadapa Road in Th