SURESH KUMAR KAIT
CG Tollway Limited – Appellant
Versus
National Highway Authority Of India – Respondent
JUDGMENT :
1. Petitioners in the above captioned three petitions are companies incorporated under the provisions of Companies Act, 1956 and are subsidiary of M/s IRB Infrastructure Developers Limited, who claims to be the largest infrastructure developers in India with vast experience in construction, operation & maintenance of highway projects. Respondent is a statutory body constituted under the National Highways Authority of India Act, 1988 (NHAI) and respondent No. 2 has been incorporated under Societies Registration Act, 1860 formed by NHAI along with NHBF for settlement of disputes through arbitration.
2. Since similar relief has been sought in these petitions, therefore, with the consent of learned counsel for the parties, these petitions were heard together and are being disposed of by this common judgment.
3. In the above captioned first petition [ARB.P.888/2021], the petitioner-Company was awarded a project of six laning of Kishangarh Udaipur Ahmedabad Section from Km. 90.000 (near Gulabpura) to Km. 214.870 (end of Chittorgarh bypass) of NH-79 in the State of Rajasthan package - 2 under NHDP Phase-Von BOT (Toll) for which a Concession Agreement dated 09.12.2016 was executed
IOCL & Ors. Vs. Raja Transport Private Limited (2009) 8 SCC 520.
NHAI & Anr. Vs. Bumihiway DDB Ltd. (JV) & Ors. (2006) 10 SCC 763;
Punj Lloyd Ltd. v. Petronet MHB Ltd. [(2006) 2 SCC 638]
SBP & Co. Vs. Patel Engineering Ltd. & Anr. (2005) 8 SCC 618
UOI & Anr. Vs. MP Gupta (2004) 10 SCC 504
You One Engg. & Const. Co. Ltd. & Anr. Vs. NHAI (2006) 4 SCC 372 &
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