THE STATE OF MAHARASHTRA THROUGH THE EXECUTIVE ENGINEER RAIGAD vs M/S. PATWARDHAN INFRASTURCTURE PVT. LTD.

Judgment text excerpt

55.ARA.33.2015.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION ARBITRATION APPEAL NO. 33 OF 2015 State of Maharashtra ....Appellant Versus M/s Patwardhan Infrasturcture Pvt. Ltd. ....Respondent Mr. Kuldeep Patil, for Appellant. Ms. Sonal a/w Ujwala Kamat, Anoop Sharma, Sumit Khanna, Vaibhav Singh, for Respondent. Mr. A. R. Patil, Addl. G. P. for State. CORAM : SOMASEKHAR SUNDARESAN, J. DATE: : JANUARY 17, 2026 JUDGEMENT : Context and Factual Background: 1. This Appeal has been filed under Section 37 of the Arbitration and Conciliation Act, 1996 (“the Act”) impugning an Arbitral Award dated November 7, 2012 (“Impugned Award”) and a Judgment dated September 24, 2014 (“Impugned Judgment”), which upheld the Impugned Award, dismissing a challenge under Section 34 of the Act. Digitally signed by AARTI AARTI GAJANAN GAJANAN PALKAR PALKAR Date: Page 1 of 34 2026.01.17 13:26:38 +0530 JANUARY 17, 2026 Aarti Palkar 55.ARA.33.2015.doc 2. The disputes and differences between the parties relate to the award of a work on August 31, 1999 and a short four-page agreement dated November 26, 1999, being signed ( “Agreement”). The Appellant, the State of Maharashtra (“State”), awarded to the Respondent, Patwardhan Infrastructure Pvt. Ltd. (“Patwardhan”), a contract for construction of a two-lane bridge connecting Pen and Alibag across the Dharamtar Creek, on a build, operate and transfer basis, pursuant to a Tender inviting bids for the project (“Project”). 3. The Project had been bid for by M/s Ameya Developers “(“Ameya”), which won the bid with a proposed concession period of 13 years, 7 months and 35 days. The State, Ameya and Patwardhan executed a tripartite agreement for implementation of the Project. For all purposes of this judgement, references to Patwardh