National Highways Authority of India vs.pune Sholapur Road Development Company Limited

Decided On : Mar-14-2019

Court : Delhi

LAW: Section 34, NHDP Phase III on Design, Build, Finance, the Concession Agreement of 8.35 Nil 3.18 Nil Compensation, the Appointed Date, the Concession Agreement, the Right of Way, the Concession Agreement, the Concession Agreement, the Concession Agreement, Section 74, the Indian Contract Act, the Concession Agreement, the Concession Agreement, Section 19, the Indian Contract Act, Article 9, the Appointed Date, the Right of Way, the Appointed Date, the Concession Agreement, the Appointed Date, the Appointed Date, the "Appointed Date", the Concession Agreement, the Concession Agreement, the Concession Agreement, Representations, the Concession Agreement, the Concession Agreement, the Concession Agreement, the Concession Agreement, Section 18, Indian Contract Act, Section 18, the Indian Contract Act, Section 19, the Contract Act, the Concession Agreement, Article 7.2, Section 18, the Contract Act, Section 19, the Contract Act, the Appointed Date, the Appointed Date, the Concession Agreement, Section 34, Section 19, the Contract Act, Section 19, the Contract Act, Section 19, the Indian Law, Section 66, the Contract Act, Section 19, the Contract Act, Section 19, the Contract Act, Section 19, the Contract Act, Section 19, Contract Act, Contract Act, the Contract Act, Contract Act, Section 19, the Indian Contract Act, Section 19, the Contract Act, Section 19, the Contract Act, Section 19, the Contract Act, Section 19, the Contract Act, the Contract Act, the Contract Act, Section 27 of the Act, Section 56, the Contract Act, the Contract Act, Section 56, the Contract Act, Section 27 of the Act, Section 19, the Contract Act, Section 19, the Contract Act, Section 19, Section 19, the Contract Act, section 19, The Contract Act, Section 19, the Contract Act, the Concession Agreement, Section 19, the Contract Act, Section 19, the Contract Act, Section 34, the Concession Agreement, The Supplementary Agreement, Section 34, the Supplementary Agreement, the Supplementary Agreement, Section 63, the Indian Contract Act, the Appointed Date, the Supplementary Agreement, The Supplementary Agreement, Page 43, Section 34, Section 19, the Contract Act, the Concession Agreement, the Concession Agreement, the Construction Period, the Concession Agreement, the Supplementary Agreement, the Supplementary Agreement

CARDINAL: 14, 4, 9, 1 2, 140.12, 96.73, 1.67, 12.00, 2.31 1.44, 10.3.4, 10.3.4, 10, 4, 10.3.4, 5, 30, 60, 6, 6, 12, zero, two, 4.2, 50, fifty, 1,000, one thousand, 8, 7.2, 35.2, 9, 30, 48.1, 276, 10, 279, 282, 10.3.4, three, 11, one, 12, 7.2, 13, two, 309, 10, 312, 15, 1, 2, 3, 323, 337, 16, 346, 8, 17, four, 18, 10.3.2, 13.03.2015, 24.11.2011, 19, 8.9.10, 13, 37, two, 20, 21, 546, 37, 16, 22, 39, 23, 9, 24, 202, 25, 40, two, 34, 582, two, one, 26, two, 41, 27, 42, 2,000, 1,000, 28, 46, 2000/-, 29, 47, 30, 2, 3, 4, 5, 6, 7, 31, 48, 2, 32, 33, 49, 34, 16, 35.2, 35, 2, 10, 10, 36, one, one, one, 21, 2, 1, 9, 24, 38, 307, 39, 10.3.4, 3, 40, 1, 41, 10.3.4, 28, 42, three, 44, 396, 35.2, 35.3, 402, Four, 45, 28.09.2011, 80.85, 80.85, 35, 15.07.2013, 46, 23.08.2013, 31.08.2013, 31.08.2013, 30.08.2013, 47, 80.85, 15.07.2013, 7.42, 39, 7.1, 27.08.2009, 23.07.2010, Rs.75,000/-, 49

ORG: COMM) 128/2018 &, I.A. No.3857/2018, NATIONAL HIGHWAYS AUTHORITY OF INDIA, JUSTICE NAVIN CHAWLA1, the Arbitral Award, Arbitral Tribunal, the Concession Agreement, Operation, Pune – Solapur Section of NH, DBFOT, O.M.P., The Arbitral Tribunal, the Impugned Award, the Concession Agreement, Escalation Loss of Interest, the Appointed Date Costs, Toll Revenue, the Project Highway, Provisional Certificate, Claimant, the Construction Period Total Amount, the Concession Period 1198, the Arbitral Tribunal, Concessionaire, the Concession Agreement, The Arbitral Tribunal, the Concession Agreement, the Supreme Court in Steel Authority of India Limited v., Gupta Brothers Steel Tubes Limited, the Arbitral Tribunal, the Concession Agreement, O.M.P., the National Wildlife Board, the Concession Agreement, the Concession Agreement, Warranties under Clause, Contract, Contract, Clauses 4.2, the Supreme Court, the Bombay High Court, State, Court, Daiichi Sankyo Company Limited, MANU/DE/0450/2018.6, Clauses of the Concession Agreement, Concessionaire, the Performance Security, Authority, Authority, Authority, Authority, Authority, the Project Highway, State Support, Authority, the Project Highway, Concessionaire, xxxxxxx Clause 4.2:, Authority, Authority, Authority, the Concessionaire Damages, the Performance Security, the Performance Security, Concessionaire, Site, the Concession Period, Concessionaire, Authority, the Appointed Date, Authority, Authority, Damages, Authority, Concessionaire, Concessionaire, the Concessionaire Damages, the Appointed Date, xxxxx O.M.P., Government Instrumentality, Authority, the Project Highway, Concessionaire, Authority, the Appointed Date, Concessionaire, Concessionaire, Damages, O&M Expenses, the Financial Package, the Arbitral Tribunal, outset:-"275, the Project Highway, the Project Highway, the Project Highway, The Concession Agreement, Clauses 10.3.1, the Project Site, Claimant, the Project Site, Claimant, Claimant, Project, Clause 48.1, the Concession Agreement, The Development Period, the Concession Agreement, Appointed Date, the Commercial Operations Date, the Commercial Operations Date, PCCF, Bird Sanctuary, the Project Highway, NWB, Claimant, Claimant, the Supreme Court, NWB, NWB, the Supreme Court, the Supreme Court, the Project Highway, NWB, NWB, the Supreme Court, Claimant, Project, Governmental Instrumentality, NWB, Claimant, Claimant, Clause 4.2, Claimant, Representations and Warranties, Steel Authority of India Ltd., Gupta Brother Steel Tubes Ltd, the Supreme Court, un, the Bombay High Court, ONGC, NWB, Project, NWB, Tribunal, Supreme Court, Representations and Warranties, Claimant, Claimant, Project, Claimant, Claimant, Claimant, Claimant, the Appointed Date, Claimant, Appointed Date, Claimant, the Provisional Certificate, Claimant, the Final Completion Certificate, the Respondent/IE, Claimant, Claimant, The Arbitral Tribunal, Concessionaire, Concessionaire, Clause 4.1.2(e, the Ministry of Environment and Forests, the National Bird Sanctuary, the National Wildlife Board, the Standing Committee of National Board for Wildlife (NBWL, the National Bird Sanctuary, the Supreme Court, I.A. No.2882, C)202/1995, Central For Envir, the Standing Committee of NBWL, The Arbitral Tribunal, the Conditions Precedent, The Arbitral Tribunal, the Concession Agreement, the Arbitral Tribunal, the Independent Engineer, Claimant‟s, O.M.P., Claimant, IE, Agreement, Tribunal, the Arbitral Tribunal, Court, Daiichi Sankyo, Court, The Supreme Court, Company, The Supreme Court, O.M.P., McConnel, Court, Inn India Pvt. Ltd. & Ors, Supreme Court, Rajkot Municipal Corporation, State, Sikka Promoters Pvt. Ltd., National Agricultural Co-operative, Marketing Federation of India Ltd., MANU/DE/2026/20, Division Bench, Court, National Agricultural Cooperative Marketing Federation of India Ltd., Sikka Promoters Pvt. Ltd., the Supreme Court of Canada, Newbigging, O.M.P., the Bombay High Court, Sorabshah Pestonji & Others, State, Inn India Pvt. Ltd. & Ors, State of India, Mulla, the Law Commission of India, Legislature, Court, Court, inter alia, Pollock & Mulla, The Indian Contract & Specific Relief Acts, the Law Commission of India, the Law Commission of India, Court, English Courts, Smith New Court Securities Ltd., Doyle v. Olby (Ironmongers) Ltd., O.M.P., the Supreme Court, Superintendence Company of India (P.) Ltd., Court, the Indian Legislature, the Privy Council, Court, Indian Legislature, Court, the Gujarat High Court, The Gujarat Housing Board, The Arbitral Tribunal, the Gujarat High Court, the Supreme Court, the Gujarat High Court, the Supreme Court, the Supreme Court, the Gujarat High Court, The Arbitral Tribunal, the Arbitral Tribunal, O.M.P., Inn India Pvt. Ltd. & Ors, the Arbitral Tribunal, Court, the Arbitral Tribunal, the Arbitral Tribunal, Clause 4.2 and 10.3.4, the Arbitral Tribunal, the Arbitral Tribunal, the Arbitral Tribunal, the Arbitral Tribunal, the Arbitral Tribunal, Arbitral, Bhagwati Prasad v. Chandramaul, SCR286the Supreme Court, Court, Court, the Supreme Court, Bishun Narain Inter College and Ors, The Bombay High Court, Bhagwati Mills Ltd., the Supplementary Concession Agreement, Clause 4.3, Conditions, Clause 4.2, Arbitral, the Arbitral Tribunal, Court, the Concession Agreement, The Arbitral Tribunal, Claimant, O.M.P., Clauses 4.2, Claimant, the Concession Agreement, Claimant, Financial Close, Claimant, Financing Agreement, Claimant, the Common Loan Agreement, Clause 48.1, the Concession Agreement, Lead Bank, Bank of India, Financial Close, Claimant, Financial Close, Claimant, Claimant, the Monthly Progress Reports, Claimant, the Lead Bank, Claimant, Claimant, the House of Lord's, Universe Tankships Inc of Monrovia, International Transport Workers Federation & Others, the Delhi High Court, Puri Construction P. Ltd, Larsen & Tubro, FAO, the Concession Period, Construction and Concession Periods, Claimant, the Supplementary Agreement, Claimant, the Concession Period, the Arbitral Tribunal, the Appointed Date, the National Wildlife Board, the Arbitral Tribunal, Development Period, Construction Period, The Development Period, Clause 12.1, the Concession Agreement, Schedule G (Project Completion Schedule, the Appointed Date, the Arbitral Tribunal, the Arbitral Tribunal, the Monthly Progress Report, the Lead Bank, the Escrow Account/Current Account Statements, the Arbitral Tribunal, Court, Court, the Concession Agreement, Agreement, Arbitral Tribunal, Court, the Arbitral Tribunal, Claimant, Concessionaire, the Project Highway, Concessionaire, Authority, Concessionaire, the Project Highway, Claimant, Highway, Claimant, the Project Highway, Claimant, Laning Date, Project, Representations, Claimant, the Appointed Date, the Project Highway, Claimant, the Provisional Certificate, Claimant, Claimant, the Project Highway, Claimant, the Project Highway, Claimant, the National Wildlife Board, the Arbitral Tribunal, Provisional Certificate, the Independent Engineer, the Provisional Certificate, the Statement of Defence, Arbitral Tribunal, the Statement of Defence, the Arbitral Tribunal, the Arbitral Tribunal, the Arbitral Tribunal, the Arbitral Tribunal, Claimant, O.M.P., Claimant, the Project Highway, Claimant, IL & FS Transportation Network Limited, Recital, the Concession Agreement, the Letter of Award, SPV, Project Agreement, Arbitral, The Arbitral Tribunal, the Arbitral Tribunal, Additional Premium Amount, challenge.44, NAVIN CHAWLA

PERSON: Sudhir Nandrajog, Keshav Mohan, Rishi, Ritu Arora, Arun Kathpalia, Kaushik Laik, I. II, A. B. C. i. ii, F. G. H. 232.10, Appendix, Ningawwa, Byrappa Shiddappa, Sorabshah Pestonji, Malvinder Mohan Singh, Appendix, Concessionaire, Force Majeure, Appendix, Appendix, Financial Close, Appendix, xxxxxxx 306, Shri N. Shendre ACG, Wildlife Warden, Written Submissions, Amarjeet Singh's, Soconord OCTG, MoEF, Law, Nagappa Chettiar, Wright, Collins, Cotton, Peek, Derry, Gaurav Monga, MANU, Sorabshah Pestonji, Douglas, Ballulal, Ballulal, A. Adam, R.S. Adam, Derry v. Peek, Gaurav Monga, Bench, Sorabshah Pestonji, Mulla, Doyle, Scrimgeour Vickers, Krishan Murgai, MANU, David D. Field's, Mugneeram Bangur, Gaurav Monga, Award, Ram Sarup Gupta, LRs v., Rajbir Kaur, Anr, Reena Ravindra, Jagad Bandhu Chatterjee, Nilima Rani, Concessionaire, Written Submissions, Kms, Claim Head III, Claim Head III, Claim Head III, Claim Head III, Vehicle

DATE: 1996, 30.09.2009, 2 i. ii, 3 3, 10.3.4, 2009, 1872, 1968, 90 (ninety) days, an earlier day, thirty) days, sixty) days, six) months, twelve) months, day, the 91st (ninety first) day, thirty) days, 90 days, 2001-02, the year 2007, 2009, 2014, Bom 1277, almost two years, Respondent‟s, February 2016, 24.06.2010, 1843, 1997,, 2023, 2923-2925, 13.03.2015, September 2011:4, June 2012, September 2012, December 2012, 1.2., March 2012, March 2013, 7., March 2014, June 2013, September 2013-, December 2013, 1903 1, 1997, 2013, S. 17, S. 18, 1887, annual, Edition, 2017, 1000/-, annual, 1981, 1872, 18.11.1986, 1966, 1987, 1989, 22, 12.03.2012, 24.01.2012, 12.03.2012, 1969, 180 days, 15.02.2010, 180 days, 180 day, 07.06.2010, the 180 day, 1983, 2015, Del 9126, 21/2009, 12.03.2012, 70 days, June 2010, September 2012, September 2012, March 2012, end-August 2013, 840 day, the month of September 2013, daily, 46 days, the month of September 2013, 31.08.2013, 2019

WORK_OF_ART: Design, Engineering, Construction, Development, Finance, Existing Lanes‟, Cost “Programme Fee” Management, Contract Act‟, Applicable Laws, Right of Way, Right of Way, Right of Way, The Construction Period, Applicable Laws, Applicable Laws, Possession Certificate, Draft Code, the Award of “Programme Management Fee

MONEY: 46.98, 7.42, twenty per cent

NORP: D., lexnon, Indian

GPE: Clause, India, Clause, Proviso, Clause, Clause, IA, WP, India, Bombay, India, Douglas, Canada, Premchand, Fraud, S.19, India, East v. Maurer, Hom, New York, trade.26, India, Smt, AC366, manner.42

FAC: Railway, the Project Highway, the Toll Fee Notification, the Fee Notification, the Financial Package, the Impugned Award

PERCENT: 0.1%, 20%, twenty percent, more than 20%, at least 80%, 20%, 90%, over 90%, 90%, 80%, over 80%, 92.62%, 4%, 33.6%, 40.8%, 60.1%, 25.4%, 65.9%, 75.7%, 68.8%, 71.5%, 75.0%, less than 10%, at least 80%

PRODUCT: Agreement, Agreement, Agreement, Agreement, Agreement, the Financial Model, Respondent, Respondent, xxxxxx 284, MoEF, Respondent, Respondent, MoEF, Respondent, Respondent, Respondent, Respondent, Respondent, Respondent, Respondent, Agreement, Clause 4.2, No.1, Mukherjee, no Clause 4.3, no Clause 4.3, Respondent, Respondent

LOC: Respondent, Respondent, Respondent, Respondent, Respondent, Respondent, Respondent, Respondent, Respondent, Respondent, Respondent, Respondent, Respondent, NWB.313, Respondent, Respondent, Respondent, Respondent, Respondent, Respondent, Respondent

EVENT: the Appointed Date, this Supplementary Agreement, the Appointed Date, the Appointed Date, the Supplementary Agreement, Operation Period, the Appointed Date, the Supplementary Agreement, the Appointed Date, the Appointed Date

ORDINAL: Firstly, Secondly, Firstly, Secondly, Thirdly, first, first, second, firstly, secondly, second, second, 15th, second, second, Firstly, Secondly

LANGUAGE: English, English, English, English, English, English, English, English, English, English, English, English, English, English, English