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16.10.2017 SANJEEV SACHDEVA, J. (ORAL) Cav.889/2017 in O.M.P(COMM) 367/2017 Since learned counsel for the respondent/caveator enters appearance, the caveat stands discharged.

IA Nos.11887-88/2017 (exemption) in OMP(COMM) 367/2017 Allowed, subject to all just exceptions.

ARB. A. (COMM.) 41/2017 & IA No.11560/2017(stay) O.M.P. (COMM) 367/2017 & IA No.11886/2017(stay)

1. The Appellant/Petitioner - KMP Expressways Limited (hereinafter referred to as „the Concessionaire‟) has filed the above- referred Appeal (ARB. A. (COMM.) 41/2017 ) under Section 37(2)(b) as well as the above-referred Petition (O.M.P. (COMM) 367/2017) under Section 34 of the Arbitration & Conciliation Act, 1996 (hereinafter referred to as „the Act‟) impugning the order dated 03.09.2017 passed by the Arbitral Tribunal, whereby the Arbitral Tribunal has rejected the prayer of the Appellant for taking on record the Counter Claims.

2. Respondent No.2 - Haryana State Industrial & Infrastructure Development Corporation Limited (hereinafter referred to as „the HSIIDC‟, for the sake of convenience), invited bids by a Tender dated 16.12.2004 for construction of a 135.65 kilometre long, 4/6 lane access controlled KMP Expressway/Western Peripheral Highway on a Build-Operate-Transfer basis.

3. The bid of the Concessionaire was accepted. Pursuant thereto, a Concession Agreement dated 31.01.2006 was entered into between the Concessionaire and HSIIDC. The period of concession agreed to was 23 years and 9 months after expiry of the initial preparatory period of 180 days of the signing of the Concession Agreement.

"(i) All disputes between the lender -Banks, the HSIIDC and the outgoing Concessionaire - KMP Expressways Limited arising out of or in relation to the Tripartite Agreement dated 08.01.2017 executed between the parties shall stand referred to the Arbitral Tribunal headed by Justice N.K.Sodhi.
(ii) The parties namely, the lender banks, HSIIDC and the outgoing Concessionaire shall file their claims, and counter-claims before the Arbitral Tribunal, who shall then adjudicate upon and decide the same in accordance with the law giving to each one of them an opportunity of being heard in the matter.