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REKHA PALLI
Mep Sanjose Talaja Mahuva Road Pvt. Ltd. – Appellant
Versus
National Highways Authority Of India – Respondent
| Table of Content |
|---|
| 1. background on petitions and parties involved (Para 1 , 2 , 3 , 4 , 5 , 6 , 8) |
| 2. arguments presented by the parties (Para 9 , 10 , 11) |
| 3. court observations on the context and agreements (Para 12 , 14 , 17) |
| 4. determination of default and contractual obligations (Para 39 , 66 , 70) |
| 5. final dismissal of petitions (Para 72) |
JUDGMENT
Rekha Palli, J. - The present decision disposes of four petitions under section 9 of the Arbitration & Conciliation Act, 1996 raising disputes in relation to two separate but similar Concession Agreements dated 08.07.2016 and 09.08.2016, executed between MEP, the Concessionaire and the National Highways Authority of India (NHAI). The first two petitions, being O.M.P.(I) (COMM.) 312/2020 and O.M.P.(I) (COMM.) 315/2020, have been filed by the Concessionaire seeking stay of the two notices issued by the NHAI on 18.09.2019 expressing its intention of terminating (IOT notice) the two Concession Agreements in question, as also from initiating any coercive actions in that respect. Whereas, the remaining two petitions, being O.M.P.(I) (COMM.) 328/2020
A concession period extension under a contract requires compliance with specific procedural conditions, and is not automatic despite recommendations from an independent engineer.
Lenders cannot independently seek extension of concession period under Concession Agreement, their rights do not confer standing in this matter according to the agreements in place.
The main legal point established in the judgment is that the right to seek extension of the concession period was vested in the concessionaire alone, and the senior lenders did not have the independe....
If the Concessionaire is able to recover any amount from NHAI, PNB would be well within its right to seek attachment of the said proceeds or take such steps for recovery of the amount from the Conces....
The court determined that the petition for termination of the Concession Agreement by a non-party under Section 9 of the Arbitration Act was beyond its scope, as it sought final relief rather than in....
The court established that termination rights under a Concession Agreement are active concurrently with suspension rights, allowing for termination upon failure to cure defaults without requiring a w....
The court held that the arbitral Tribunal's decision that HSIIDC had breached the Substitution agreement and that the Senior Lenders were entitled to damages was based on a plausible construction of ....
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