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AUGUSTINE GEORGE MASIH, VIKRAM AGGARWAL
Rohan Rajdeep Tollways Ltd. – Appellant
Versus
State of Punjab – Respondent
| Table of Content |
|---|
| 1. background of the contractual agreement and its challenges. (Para 1 , 2 , 3) |
| 2. arguments regarding defaults and legality of the order. (Para 4 , 8 , 9 , 10) |
| 3. court's assessment of the facts and legal standards for interim relief. (Para 5 , 7 , 11 , 12 , 13) |
| 4. conclusion dismissing the appeal. (Para 6) |
| 5. final ruling based on applicable facts and standards. (Para 14 , 15) |
JUDGMENT
Vikram Aggarwal, J.
The appellant challenges the order dated 08.12.2022 passed by the Commercial Court, Chandigarh vide which the petition filed by the appellant under section 9 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as 'the 1996 Act') was dismissed.
2. The facts, as emanating from the pleadings are that the appellant claims itself to be a professional organization of Civil Contractors, Builders and Developers with more than 20 years' experience. It was awarded the contract for up-gradation, operation and maintenance of Patiala-Patran Road on B.O.T. basis in the Public Private Partnership (PPP) mode. Notice of award dated 01.09.2005 (Annexure P-2) was issued to the appellant company. Concession agreement (Annexure P-3) was executed on 06.12.2005. It was for
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....
The Court emphasized the limited scope of interference in appeals under Section 37 of the Arbitration Act and upheld the findings of the Arbitral Tribunal and the Single Judge based on plausibility a....
The court emphasized the limited scope of interference under Sections 34 and 37 of the Arbitration and Conciliation Act, 1996, and highlighted the principle that the court does not sit in appeal over....
The relief sought under Section 9 of the Arbitration Act is interim in nature and cannot be a permanent measure.
The court reinforced that under the Arbitration and Conciliation Act, 1996, the scope for judicial interference with arbitral awards is limited, particularly regarding factual findings.
The court emphasized the need to balance equities between the parties and highlighted the importance of following contractual provisions for submission of the final bill and processing thereof.
The court clarified that the powers under Section 9 of the Arbitration and Conciliation Act cannot extend to granting specific performance of a contract or automatic extensions beyond terms explicitl....
The COVID-19 lockdown is recognized as a force majeure event affecting contractual obligations, necessitating equitable treatment for parties under similar circumstances.
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