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DELHI HIGH COURT
MANMOHAN, ASHA MENON
National Highways Authority of India – Appellant
Versus
Panipat Jalandhar NH-I Tollway Pvt. Ltd. – Respondent
| Table of Content |
|---|
| 1. considerations on the nature of appeals against interim orders. (Para 22 , 23 , 24 , 25 , 26) |
| 2. court's views on applicability of election doctrine and termination rights. (Para 27 , 28 , 29 , 30 , 31 , 32 , 33 , 34 , 35 , 36 , 37 , 38 , 39 , 40 , 41 , 42) |
| 3. final decision and dismissal of the application. (Para 43 , 44 , 45) |
JUDGMENT
Asha Menon, J. The following observations by the learned Single Judge in the order dated 12th March, 2021 passed in O.M.P.(I) (COMM.) 98/2021 has brought the appellant/National Highways Authority of India ("NHAI", for short) before us:
"21. Mr. Mehta has laid much emphasis on the intent of the language used in Clause 37.1.2 which begins with the words "without prejudice to any other rights or remedies". There is no doubt that the Respondent could take recourse to the aforesaid provision without prejudice to other rights and remedies and proceed to suspend the Petitioner and accord it an opportunity to cure the defects. However, that does not mean that in case the Respondent has elected to exercise this remedy, it could simultaneously also proceed to terminate under Clause 37.1.2 on the basis of same set of facts. Since the Respondent
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 found that the contract in question is in the nature of a commercial contract and cannot be enforced specifically under the Specific Relief Act. The Tribunal held that NHAI's exercise of po....
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....
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 affirmed that the Tribunal's rejection of the appellant's request for interim measures was valid due to established insufficient funding and non-compliance, affirming limited grounds for in....
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....
The main legal point established in the judgment is that in the case of a determinable contract, no injunction against termination and enforcement of the contract can be issued.
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