S&A Law Offices

S&A Law Offices is pleased to announce that it has secured a significant legal victory on behalf of its client, Parsa Kante Collieries Limited (PKCL), in a substantial matter pertaining to a dispute involving the interpretation of liability for payment of Compensation Cess on coal rejects in terms of the Coal Mining and Development Agreement (CMDA). Rajasthan Rajya Vidyut Utpadan Nigam Limited (RVUNL) entered into a CMDA with PKCL for mining of coal and delivery of coal at the power plants of RVUNL at Rajasthan. Upon promulgation of Compensation Cess, a dispute arose between RVUNL and PKCL about who in terms of COMDA will be liable to pay the Compensation Cess on coal rejects. As the disputes were not settled amicably, PKCL invoked Arbitration and the Hon’ble Arbitral Tribunal by way of Interim Award dated 25.06.2021 and Final Award dated 14.08.2021 decided the issue in favour of PKCL inter alia holding that in terms of CMDA, RVUNL is liable to bear all the taxes to be applicable in future. The Tribunal awarded an amount of around Rs.740 Crores in favour of PKCL (out of which around Rs.330 Crores is to be paid by RVUNL to PKCL and around Rs.410 Crores to be adjusted from the books of RVUNL). RVUNL challenged the said Interim and Final Award under section 34 of the Arbitration and Conciliation Act, 1996 before the Ld Commercial Court at Jaipur, Rajasthan and the Ld Commercial Court vide Judgment dated 09.02.2024 was pleased to upheld the Award and dismiss the challenge of RVUNL. The Ld. Commercial Court held that that view taken by the Arbitrator is a plausible view and require no interreference. Being dissatisfied with the same, RVUNL filed an Appeal under section 37 of the Arbitration and Conciliation Act, 1996 before the Hon’ble Rajasthan. High Court. The Hon’ble High Court of Rajasthan vide the Judgment dated 23.05.2025 was pleased to dismiss the Appeal filed by RVUNL and upholding the Award and the Judgment of the Commercial Court. S&A Law Offices under the leadership of Mr Manoj K. Singh, Counsel and Mr Nilava Bandyopadhyay, Senior Partner along with Mr Adhip Ray and Surabhi Rana represented PKCL in the Arbitration stage as well as before the Commercial Court and the Hon’ble Rajasthan High Court.

S&A Law Offices successfully represented PNC Infratech Limited in a significant arbitration proceeding against the National Highways Authority of India (NHAI). The Hon’ble Arbitral Tribunal awarded Rs. 485 Crore in favour of PNC Infratech Limited, along with interest at the rate of 12% per annum and applicable taxes and dismissed NHAI’s Counterclaims. The dispute arose out of the FIDIC Contract concerning the construction of the New Four Lane Agra Bypass connecting Km 176.800 of NH-2 to Km 13.03 of NH-3 in the state of Uttar Pradesh. The S&A Law Offices, led by Mr. Manoj K Singh, Ms. Gunita Pahwa and assisted by Mr. Anand Pratap Singh, Mr. Ankur Mishra and Mr. Shashank Saurabh. This outcome marks a substantial victory for PNC Infratech Limited and testament to the S&A Law Offices expertise in handling complex infrastructure and construction disputes.

The High Court of Delhi delivered a judgment on October 29, 2024, in the case of Gas Authority of India Ltd. (GAIL) vs. SAW Pipes Ltd. (SPL) (now Jindal Saw Ltd.). In the matter at hand, GAIL filed an appeal under Section 37 of the Arbitration and Conciliation Act, 1996, challenging a judgment dated November 26, 2010, which upheld an arbitral award dated December 7, 2002, amended on March 21, 2003. The arbitral tribunal had awarded SPL a sum of USD 7,230,378.23 along with interest and costs, holding GAIL responsible for delays in taking delivery of pipes, thus not entitled to reduce the price payable to SPL. The High Court held that GAIL was responsible for delays in lifting pipes, and SPL was entitled to the full contract price without reductions. SPL was awarded interest at 6% per annum on the USD amount and 12% per annum on the INR amount, along with 50,00,000 as costs. The court found no merit in GAIL's appeal, agreeing with the arbitral tribunal's interpretation of the contract and its findings. Consequently, the court dismissed the appeal. The S&A Law Offices team was led by Mr. Vijay K Singh (Senior Partner) along with Ms. Shruti Manchanda (Principal Associate).

S&A Law Offices acted for Ambuja Cement Limited (ACL), wherein ACL had challenged the order passed by the Collector of Stamps, Delhi,directing ACL to pay stamp duty of ₹218,87,81,917.26 along with a penalty of ₹69 crores on the merger order dated 14.11.2011. Amongst the various grounds of Challenge, the Hon’ble High Court of Delhi, while holding that an order of amalgamation under Sections 391 to 394 of the Companies Act, 1956 was an instrument exigible to stamp duty, was pleased to hold that ACL was covered under Notification No. 13 dated 25.12.1937. The Hon’ble High Court also noted that the show cause notice issued by the Collector of Stamp was beyond the prescribed period of limitation. Consequently, the High Court allowed the Writ Petition and set aside the show cause notice and the order passed by the Collector of Stamps, Delhi. The S&A Law Offices team was led by Mr. Vijay K Singh (Senior Partner) along with Mr. Adhip Kumar Ray (Partner), Mr. Kumar Shashwat Singh Sawno (Principal Associate) and Ms. Simran Sakunia (Senior Associate).

S&A Law Offices acted for Shrishti Infrastructure Development Corporation Ltd (“SIDCL”) wherein SIDCL had challenged the order passed by the Airport Authority of India (AAI) rejecting the grant of permissible height for SIDCL’s building structure under Section 9A of the Aircraft Act, 1934 read with Ministry of Civil Aviation (Height Restriction for Safeguarding of Aircraft Operations) Rules, 2015. SIDCL argued that the height restriction was based on a "crude method" without proper mathematical or computer modelling and that the decision lacked valid reasons. Additionally, it contended that the permissible height should consider the tilt angle of the radar and that the site should be assessed under multi-radar criteria due to the presence of more than one radar at Kolkata Airport. AAI countered that the height restriction was scientifically calculated using the NOCAS system and that the multi-radar criteria did not apply as Kolkata Airport only had one ASR radar. The Hon’ble Delhi High Court, in its judgement dated 15 October 2024, quashed the Order passed by the AAI, citing that the said order was cryptic, passed without assigning any reason and was in violation of the principles of natural justice. The S&A Law Offices team led by Mr. Vijay K Singh (Senior Partner), assisted by Mr. Shashwat Singh Sawno (Principal Associate) and Ankur Mishra (Sr. Principal Associate) represented Shrishti Infrastructure Development Corporation Ltd. before the Hon’ble Delhi High Court.  

S&A Law Offices successfully represented Kurukshetra Expressway Private Limited (KEPL) (a group company of Kalpataru Projects India Limited) against National Highways Authority of India (NHAI) to win an Award of more than INR 1000 Crores. In the case at hand KEPL entered into a Concession Agreement with NHAI regarding four landing of Rohtak Bawal section of NH-71 on DBFOT basis. Due to farmer protests, KEPL was constrained to terminate the Concession Agreement. However, as NHAI neglected to pay the Termination Payment within the stipulated time as provided in the Concession Agreement, KEPL was constrained to institute an Arbitration against NHAI seeking Termination Payment and damages on account of COVID-19, farmer protests, and insurance premium payment. In a landmark Award, the Tribunal has held that NHAI is liable to pay more than INR 1000 Crores to KEPL on account of Termination Payment, COVID-19, farmer protest, and insurance premium-related claims of KEPL. The Tribunal has also awarded interest @ 9% p.a. S&A Law Office represented KEPL before the Tribunal and Mr Manoj K Singh, Advocate argued the matter on behalf of KEPL.