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DELHI HIGH COURT
VIBHU BAKHRU
Jaiprakash Associates Limited – Appellant
Versus
NHPC Limited – Respondent
| Table of Content |
|---|
| 1. arbitral award enforcement context. (Para 1 , 2 , 3 , 4 , 5 , 6 , 7 , 8 , 9 , 10) |
| 2. court's analysis of nhpc's objections. (Para 11 , 12 , 13 , 18 , 19 , 20 , 21 , 22 , 23 , 24 , 25 , 26 , 27 , 28 , 29 , 30 , 31 , 32 , 33 , 34 , 35 , 36) |
| 3. arguments against enforcing the decree. (Para 14 , 15 , 16 , 17) |
| 4. final directive for payment by nhpc. (Para 37 , 38 , 39) |
JUDGMENT
Vibhu Bakhru, J. (Oral)--The Decree Holder (hereafter `JAL') has filed the present petition seeking enforcement of an Arbitral Award dated 19.02.2018, which was made a rule of the court by a judgment dated 08.04.2019 in CS(COMM.) 907/2018 captioned "M/s Jaiprakash Associates Limited v. NHPC Limited".
2. JAL and the Judgment Debtor (hereafter `NHPC') had entered into a contract on 27.05.1986 for construction of the main concrete dam and coffer dam at Chamera Hydroelectric Projects at Dalhousie, District Chamba, Himachal Pradesh. The disputes between the parties, essentially, relate to JAL's claim for payment of 25% mark up on the market rate of material utilised in execution of extra and deviated items of work under the contract in question. The petitioner claimed a sum of Rs.6,47,00,648.87/- as m
The court ruled that an unsubstantiated claim for set off cannot affect the enforceability of an arbitral award, and interest on decreed amounts runs from the date the claim arose.
Execution of the works was delayed and the respondent sought Extension of Time for completion of the works on successive occasions, which were approved by NHAI.
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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