Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Contract: Bid invited by HS/JDC for developing 135.65 kms long kundli-Manesar |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Writ Petition |
Court | Supreme Court of India |
Disposal Nature | Case Disposed Off |
Headnote | Contract: Bid invited by HS/JDC for developing 135.65 kms long kundli-Manesar-Palwal Expressway - Three companies set up a concessionaire - Loan raised by concessionaire - Delay in execution of work by concessionaire resulting in termination - On IA filed by Government, Supreme Court directed State of Haryana to replace the existing concessionaire - HSIIDC informed IDBI- lender bank about the said order - IDBI intimated HS//DC that D senior lenders have agreed that the entity selected by HSIIDC shall be selectee of the lenders for the purpose of the substitution agreement - Lender banks asked HSIIDC To ensure that the new concessionaire takes over the debt due to the lenders - New concessionaire appointed - However, in the tender as well as the E concession agreement there was neither mention of debts due to the lender banks nor any clause incorporated to secure the loans of the lender banks - Thus, instant /As by Consortium of banks seeking directions to HSIIDC to ensure that new concessionaire assumes all the existing liabilities and obligations of the existing concessionaire towards senior lenders - Held: Such a relief cannot be granted by F an order of this Court, as the same would amount to variation of the contractual terms between the parties - Any such dispute regarding the alleged violation of the terms and conditions of a contract shall have to be resolved in an appropriate civil action before the competent civil court - The tripartite agreement between G the lender banks, HSIIDC and erstwhile concessionaire provide for adjudication inter-se disputes between the parties by way of arbitration - Therefore, parties are directed lo refer matter to arbitration - However; in the ends of justice, toll amount collected is secured to the extent of 80% by deposit of the same in escrow account while balance 20% for use by HSI/DC for maintenance. |
Judge | Hon'ble Ms. Justice R. Banumathi Honble Mr. Justice T.S. Thakur |
Neutral Citation | 2016 INSC 417 |
Petitioner | M.c. Mehta |
Respondent | Union Of India & Ors. |
SCR | [2016] 7 S.C.R. 962 |
Judgement Date | 2016-05-13 |
Case Number | 13029 |
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