MAHARASHTRA STATE ROAD DEVELOPMENT CORPORATION LTD. vs JAI LAXMI CONSTRUCTIONS ENGINEERS AND CONTRACTORS

Judgment text excerpt

F-J-CARBP-899-2018+.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION IN ITS COMMERCIAL DIVISION COMMERCIAL ARBITRATION PETITION NO. 899 OF 2018 WITH NOTICE OF MOTION IN COMM. DIV. MATTERS NO. 1436 OF 2018 IN COMMERCIAL ARBITRATION PETITION NO. 899 OF 2018 Maharashtra State Road Development Corporation …Petitioner Ltd. Versus Jai Laxmi Constructions Engineers And …Respondents Contractors Dr. Birendra Saraf, Advocate General, a/w Mr. Jay Sanklecha, Mr. Arun Siwach, Ms. Priyanka Mitra and Mr. Shanthan Reddy, i/b Cyril Amarchand Mangaldas, for the Petitioner. Digitally Mr. Sachin Punde a/w Mr. Suraj B. Jadhav, for Respondents. signed by ASHWINI ASHWINI JANARDAN JANARDAN VALLAKATI VALLAKATI Date: 2026.04.16 18:23:16 +0530 CORAM : SOMASEKHAR SUNDARESAN, J. RESERVED ON: March 23, 2026 PRONOUNCED ON: April 16, 2026 Judgement: Context and Factual Background: 1. This Petition under Section 34 of the Arbitration and Conciliation Act, 1996 (“the Act”) is filed by the Maharashtra State Road Development Page 1 of 34 April 16, 2026 Ashwini Vallakati F-J-CARBP-899-2018+.doc Corporation Ltd. (“MSRDC”), impugning an arbitral award dated April 18, 2018 (“Impugned Award”) passed in favour of the Respondent, Jai Laxmi Constructions Engineers and Contractors (“ Jai Laxmi”). The challenge is primarily on the ground of absence of jurisdiction owing to non-existence of an arbitration agreement covering the subject matter of the dispute. 2. The factual matrix relevant for purposes of these proceedings may be summarized as under: A) On July 9, 2005, MSRDC floated a tender inviting offers for the appointment of a contractor for purposes of toll collection at a toll station near Dusarbeed on the Mehkar-Sindkhedraja Road (“ Toll Road”) and issued an offer document;