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DELHI HIGH COURT
SANJEEV NARULA
National Highways Authority of India – Appellant
Versus
C.P. Rama Rao – Respondent
| Table of Content |
|---|
| 1. dispute over toll plaza user fee due to demonetisation. (Para 2 , 3 , 4) |
| 2. nhai's contention against demonetisation as force majeure. (Para 10 , 11 , 12 , 15 , 16) |
| 3. court analysis on force majeure and contract law. (Para 25 , 26 , 28 , 30) |
| 4. court's dismissal of nhai's petition. (Para 41) |
JUDGMENT
Sanjeev Narula, J. (Oral)--The present petition under Section 34 of the Arbitration and Conciliation Act, 1996 [hereinafter, "
BRIEF FACTS
2. National Highways Authority of India [hereinafter, "NHAI"], entrusted operations of the Toll Plaza at Vempadu, Visakhapatnam District, Andhra Pradesh [hereinafter, the "Toll Plaza"] to M/s. C.P. Rama Rao vide a Contract Agreement dated 30th July, 2016 [hereinafter, the "Contract Agreement"]. During the term of Contract, from 1st August, 2016 [08:00 hrs] to 01st August, 2017 [07:59 hrs] Respondent had agreed to pay Rs.2,24,40,274/- as weekly remittance from user fee collections at t
Demonetisation constituted a force majeure event under the contract, materially affecting obligations, thus allowing waiver of payment claims.
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 introduction of GST is a change in law that materially affects contractual obligations, enabling claims for force majeure under the Contract Agreement.
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 importance of interpreting contractual provisions in accordance with their plain language and the grounds for challenging an award under Sectio....
Parties are entitled to interest on payments due under contracts; if no timeframe is specified, payments are due within 15 days of demand. The distinction between interest payments and debt repayment....
The COVID-19 lockdown is recognized as a force majeure event affecting contractual obligations, necessitating equitable treatment for parties under similar circumstances.
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....
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