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WHHPL v NHAI

September 2019 - Corporate & Commercial. Legal Developments by Singh & Associates Founder – Manoj K Singh A.

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New Delhi, 31st August 2019: West Haryana Highways Projects Private Limited (a Special Purpose Vehicle of Era Infra Engineering) was awarded a Concession Agreement by NHAI on 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 stared in 2014, NHAI was not declaring the completion. Also WHHPPL suffered huge losses due to Project overrun including threat from Banks/Financial Institution w.r.t Insolvency Proceedings (needless to reiterate one such proceedings under I&B Code filed by Bank of Baroda (erstwhile Dena bank) was recently rejected by Principal Bench, New Delhi). 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. 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 CA. 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 .