Deal Street

January 10, 2020

Singh & Associates’ team alongwith Founding Partner Manoj K Singh help WHHPPL win Rs. 750 crores arbitration award against NHAI

[ by Legal Era News Network ]


West Haryana Highways Projects Private Limited (WHHPPL) was awarded a Concession Agreement (CA) by NHAI on Design-Build-Finance-Operate-Transfer (DBFOT) Toll basis for widening of existing two lane highway and also constructions of two new bypasses. Although WHHPPL substantially completed the work and Toll was started in 2014, NHAI did not declare the completion of project.

Consequently, WHHPPL suffered huge losses due to Project overrun. It was the case of WHHPPL that NHAI failed to adhere to the terms of CA in fulfilling its obligation of handing over of land, which was the first obligation in line for any construction of road. The Arbitral Tribunal passed an Award in favour of WHHPPL inter alia holding NHAI was in breach of the CA. The Tribunal including interest allowed a sum of around Rs.750 Crores in favour of WHHPPL.

This Award of the Arbitral Tribunal was challenged by NHAI before the Hon’ble Delhi High Court, which was listed on January 7, 2020. On the first date of hearing, while issuing notice based on the arguments of WHHPPL’s Learned Counsel, Singh & Associates, the Hon’ble Court was pleased to direct NHAI to deposit the complete awarded amount with the Ld Registrar within 4 weeks. The next date of hearing is May 4, 2020.

This is another feather in Singh & Associates’ credential, wherein on the day one of hearing of objection under section 34 of the Arbitration and Conciliation Act, 1996, the Hon’ble Court has directed NHAI to deposit the complete awarded amount which is more than Rs. 750 Crores.

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