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DELHI HIGH COURT
JAYANT NATH
Jaintia Highway Pvt. Ltd. – Appellant
Versus
National Highways Authority of India – Respondent
JUDGMENT
Jayant Nath, J.(Judgment)--This petition is filed under Section 34 of the Arbitration and Conciliation Act seeking to impugn the Award dated 7.10.2016. A tender was floated by the respondent for construction work of two laning of Jowai-Meghalaya/Assam Border section of NH-44 (Km 69.2 to Km 173.2) to be executed on DBFOT Pattern i.e. Design Build Finance Operate and Transfer Basis. One Simplex Infrastructure Ltd. was declared the successful bidder and a Letter of Award was issued in its favour on 20.3.2012. The Letter of Award required formation of a Special Purpose Vehicle (SPV) by Simplex Infrastructure Limited for the purpose of execution of the project. Hence, the petitioner Company Jaintia Highway Private Limited was incorporated. On 05.06.2012 a Concession Agreement (hereinafter referred to as the `CA') was executed between the parties.
2. The Concession Agreement envisaged that the Appointed Date would be declared upon the fulfillment of the conditions precedent by the parties. The condition precedents to be fulfilled by the respondent as per the CA were listed in Clause 4.1.2 of the CA. One of the provisions regarding fulfillment of the conditions precedent was th
The non-consideration of a clause in the Concession Agreement by the Arbitral Tribunal is not a ground to set aside the arbitral award, unless it is an error that goes into the root of the award and ....
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....
A valid contract for specific performance must have certainty regarding price, parties, property, and terms; lack of clarity renders the agreement void.
The main legal point established in the judgment is the limited jurisdiction of the Court under Section 34 of the Arbitration and Conciliation Act, the interpretation of contractual terms and facts, ....
NHAI is contractually obliged to pay 90% of the Debt Due to lenders irrespective of defaults by the concessionaire, with no deductions permitted.
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