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DELHI HIGH COURT
SANJEEV NARULA
National Highways Authority of India – Appellant
Versus
Vijayawada Tollways Pvt. Ltd. – Respondent
| Table of Content |
|---|
| 1. facts of the case and contract background (Para 1 , 2 , 3 , 4 , 5) |
| 2. disputes arising from contract changes (Para 6 , 7) |
| 3. arguments on interest claims and insufficient payments (Para 8 , 9) |
| 4. analysis of nhai's claim and tribunal's decision (Para 10 , 11 , 16) |
| 5. tribunal's interpretation of financial obligations (Para 12 , 14 , 19) |
| 6. analysis of interest for delayed payments (Para 22 , 23) |
| 7. cost allocation in arbitration (Para 30 , 31) |
| 8. final conclusion and dismissal of the petition (Para 32) |
JUDGMENT
Sanjeev Narula, J. (Oral)--The present petition under Section 34 of the Arbitration and Conciliation Act, 1996 [hereinafter "the Act"] impugns the arbitral Award dated 14th August, 2021 passed by a three-member Arbitral Tribunal comprising of - Hon'ble Mr. Justice A.K. Patnaik (Retd.) (Presiding Arbitrator), Hon'ble Mr. Justice B. Sudershan Reddy (Retd.), and Mr. Raghav Chandra, IAS (Retd.) (Arbitrators) [hereinafter "impugned Award"].
BRIEF FACTS
The Contract
2. The Respondent/Vijaywada Tollways Pvt. Ltd. [hereinafter "VTPL"] being the L-1 bidder, was awarded the work of - "Six Laning of Chilkaluripet-Vijaywada Section of NH-5 from KM 355.000 to KM 434.15 (82.5
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 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....
NHAI is contractually obliged to pay 90% of the Debt Due to lenders irrespective of defaults by the concessionaire, with no deductions permitted.
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 the interpretation and application of Section 34 of the arbitration and Conciliation act, 1996 to an international commercial arbitration, and the ....
The main legal point established in the judgment is the limited scope of interference in an appeal under Section 37 of the Act, 1996 and the importance of interpreting and applying the provisions of ....
The inapplicability of the ground of patent illegality to international commercial arbitration and the importance of interpreting specific contractual clauses in determining the validity of claims an....
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