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DELHI HIGH COURT
PRATEEK JALAN
Supreme Panvel Indapur Tollways Private Limited – Appellant
Versus
National Highways Authority of India – Respondent
| Table of Content |
|---|
| 1. disputes over contract completion (Para 2 , 3 , 4 , 5 , 6 , 7) |
| 2. tribunal's prima facie findings (Para 11 , 12 , 13 , 14) |
| 3. arguments on entitlement to relief (Para 15 , 16 , 17 , 18 , 19 , 20 , 21) |
| 4. determinability and implications (Para 39 , 40 , 41) |
| 5. conclusion of the appeal (Para 45 , 46) |
JUDGMENT
Prateek Jalan, J.
1. The present appeal under Section 37(2)(b) of the Arbitration and Conciliation Act, 1996 [hereinafter, "the Act"] is directed against an order dated 23.10.2022 by which a three-member Arbitral Tribunal [hereinafter, "the Tribunal"] has rejected an application of the appellant for interim measures under Section 17 of the Act.
I. Factual Background:
2. The Tribunal is in seisin of disputes between the parties under a Concession Agreement dated 21.01.2011 [hereinafter, "CA"] with regard to "Four Laning of Panvel-Indapur Section of NH-17 from KM 0.000 to KM 84.000 in the State of Maharashtra", on Build Operate Transfer [hereinafter, "BOT"] basis.1 The original period for completion of the work was 910 days, the scheduled date of completion being 16.06.2014. The CA envisaged a concession period of 21 years from 19.12.2011 and payment of an addi
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 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 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.
The non-consideration of a clause in the Concession Agreement by the Arbitral Tribunal is not a ground to set aside the arbitral award, unless it is an error that goes into the root of the award and ....
The court confirmed that judicial interference in arbitral awards is limited to cases of patent illegality or perverse findings, respecting the finality of arbitration.
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....
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