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ARTICLE · 20 JUNE 2022

Dispute Resolution & Arbitration Monthly Update | June 2022

Haryana Vidyut Prasaran Nigam Ltd v. Cobra Instalaciones Y Services SA & Shyam Indus Power Solution Pvt Ltd...

IndiaLitigation, Mediation & Arbitration

Haryana Vidyut Prasaran Nigam Ltd v. Cobra Instalaciones Y Services SA & Shyam Indus Power Solution Pvt Ltd

O.M.P. (COMM.) 8 of 2021

Background facts

  • The parties entered into an agreement for executing the work related to 'procurement of plant, design, supply and installation of Package G-09'. The agreement provided for imposition of liquidated damages for delay in execution of the work.
  • Another contract for the construction of transmission lines was awarded to Hythro which was later blacklisted, and the work was given to some other party. There was a substantial delay in the completion of the work related to transmission lines.
  • The completion of the work got delayed. Accordingly, the Petitioner intimated the Respondent that it would impose liquidated damages for the delayed period as provided for in the contract. The Respondent requested several extensions of times which were allowed by the Petitioner. The Petitioner, accordingly, deducted

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