Back
VIBHU BAKHRU, AMIT MAHAJAN
National Highways Authority of India – Appellant
Versus
Irb Pathankot Amritsar Toll Road Ltd. – Respondent
JUDGMENT
Vibhu Bakhru, J. The appellant (hereafter `NHAI') has filed the present intra-court appeal under Section 37(1)(c) of the Arbitration and Conciliation Act, 1996 (hereafter `the A&C Act') impugning a judgement dated 08.03.2022 (hereafter `the impugned judgement') rendered by the learned Single Judge. By virtue of the impugned judgement, the learned Single Judge has rejected the appellant's application preferred under Section 34 of the A&C Act, being OMP (COMM) 373/2021 captioned National Highways Authority of India v. IRB Pathankot Amritsar Toll Road Ltd., impugning an arbitral award dated 13.07.2021 (hereafter `the impugned award') read with an order dated 27.07.2021. The impugned award was made by an arbitral tribunal comprising of three arbitrators (hereafter the Arbitral Tribunal).
FACTUAL CONTEXT
2. The Government of India has entrusted NHAI with the development, maintenance and management of National Highway No.15 including a section from Km 6.082 to Km 108.502 (approximately a length of 102.420 Km). NHAI decided to augment the stretch of the said highway from Km 6.082 to 108.502 on the Amritsar to Pathankot section by four laning the same on a build, operate and transf
The court held that the respondent's initiation of the execution of the supplementary agreement precluded the argument of coercion, and that the claims were not barred by limitation.
Point of Law - Limited scope of the jurisdiction of this Court vested in it by Section 34 of the 1996 Act, no occasion arises for this Court to revisit the said findings of the learned Arbitral Tribu....
Point of Law : Limited scope of the jurisdiction of this Court vested in it by Section 34 of the 1996 Act, no occasion arises for this Court to revisit the said findings of the learned Arbitral Tribu....
An expulsion under a contract must have legitimate causes, and unjustified actions by one party render such expulsion illegal, reaffirming constraints under arbitration frameworks.
The arbitral Tribunal found NHaI's actions to expel the respondent from the site was unjustified and illegal based on various grounds, including the delay in granting Extension of Time (EOT) and the ....
The main legal point established is that an arbitral award must be based on relevant material and evidence, and claims for loss of profit must be substantiated with evidence of missed opportunities.
NHAI is contractually obliged to pay 90% of the Debt Due to lenders irrespective of defaults by the concessionaire, with no deductions permitted.
The Court emphasized the limited scope of interference in appeals under Section 37 of the Arbitration Act and upheld the findings of the Arbitral Tribunal and the Single Judge based on plausibility a....
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
