Back
PRATHIBA M. SINGH
PSL Infratech Private Limited – Appellant
Versus
National Highways Authority of India – Respondent
JUDGMENT
Prathiba M. Singh, J. (Oral)--This hearing has been done through hybrid mode.
2. The present writ petition has been filed by the Petitioner who was awarded the contract for "User Fee Collection at the Banajodi Fee Plaza" in the State of Odisha. The said contract was entered into on 13th October, 2020 for a period of one year from 15th October, 2020 to 15th October, 2021. The said period was post the first wave of the Covid-19 pandemic.
3. The Petitioner invoked the force majeure clause in the contract and raised various claims by issuing notices to the National Highways Authority of India (NHAI) (MoRTH). The said claims of the Petitioner were initially not replied to by the NHAI. A writ petition was filed by the Petitioner herein, being W.P.(C) 9000/2021 titled `PSL Infratech Private Limited v. National Highway Authority of India & Anr.' in which the Court records the stand of NHAI that the claim is still pending consideration and permitted it to decide the same. The order dated 26th August, 2021 reads as under:
"CM APPL. 27976/2021
1. Exemption allowed, subject to all just exceptions.
2. The application is disposed of.
W.P.(C) 9000/2021
3. Vide the present petition, the petit
The court emphasized the importance of adhering to the claimed period for force majeure and directed parties to avail remedies for contractual claims in accordance with the law.
The main legal point established in the judgment is the importance of interpreting contractual provisions in accordance with their plain language and the grounds for challenging an award under Sectio....
Demonetisation constituted a force majeure event under the contract, materially affecting obligations, thus allowing waiver of payment claims.
Termination of a contract without issuing a show-cause notice violates the principles of natural justice. Force majeure claims must be decided before taking any action based on non-compliance with th....
The introduction of GST constituted a 'change in law' and had a material adverse effect on the obligations of the parties under the Contract Agreement, entitling the respondent to remission of paymen....
The main legal point established in the judgment is the interpretation of the force majeure clause, the arbitrability of certain claims, and the application of legal principles established in previou....
The COVID-19 lockdown is recognized as a force majeure event affecting contractual obligations, necessitating equitable treatment for parties under similar circumstances.
it appropriate to exercise writ jurisdiction under Article 226 in the aforesaid peculiar circumstances for the limited purpose of interim protection while relegating the parties to arbitration.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
