August 31, 2019

Singh & Associates help West Haryana Highways Projects Private Limited (WHHPPL) win Rs. 750 crores arbitration award against NHAI

[ by Legal Era News Network ]


West Haryana Highways Projects Private Limited (WHHPPL – a Special Purpose Vehicle of Era Infra Engineering) was awarded a Concession Agreement by National Highways Authority of India (NHAI) on Design Build Finance Operate Transfer (DBFOT) Toll basis for widening of existing two lane highways and also constructions of two new bypasses.

WHHPPL substantially completed the work and the Toll was started in 2014. However, NHAI refrained to declare the completion. Also WHHPPL suffered huge losses due to Project overrun including threat from Banks/Financial Institutions with respect to Insolvency Proceedings. One such proceeding under Insolvency and Bankruptcy Code was recently rejected by Principal Bench, New Delhi. The case was filed by Bank of Baroda (erstwhile Dena bank).

It was the case of WHHPPL that NHAI failed to adhere to the terms of the Concession Agreement in fulfilling its obligation of handing over of land. The Arbitral Tribunal passed an Award in favor of WHHPPL inter alia agreeing with the contentions of WHHPPL and also held that NHAI was in breach of the Concession Agreement. The Tribunal passed an award (including interest) of Rs.750 Crores in favor of WHHPPL.

WHHPL was represented by Singh & Associates and lead by Founding Partner Mr. Manoj K Singh.

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