UNITED ENGINEERS MALAYSIA ESSAR PROJECTS LTD Vs. NATIONAL HIGHWAYS AUTHORITY
LAWS(DLH)-2007-9-147
HIGH COURT OF DELHI
Decided on September 28,2007

United Engineers Malaysia Essar Projects Ltd Appellant
VERSUS
NATIONAL HIGHWAYS AUTHORITY Respondents

JUDGEMENT

G.S.SISTANI,J. - (1.) THE petitioner has filed the present petitions being O.M.P. Nos. 32/2007 and 33/2007 under Section 9 of the Arbitration and Conciliation Act, 1996, seeking, inter alia, an injunction for restraining the respondent from invoking and encashing bank guarantees furnished by the petitioner in respect of performance of contract, retention money, mobilisation of advance, etc. As the facts in both the petitions are similar, they were argued together, and accordingly, are being disposed of by this common judgment.
(2.) SOME incontrovertible facts, set in the background of the present petitions, are outlined as under: The petitioner is a joint-venture of M/s. United Engineers (Malaysia) and M/s. Essar Projects Ltd. The respondent is the National Highways Authority of India.
(3.) ON 16.1.2002, the parties entered into a contract for the construction of two sections of the National Highway No.4 (NH-4). These sections, namely, the Chitradurga-Harihar Section (Kms 207 to Kms 284) of NH-4 and the Harihar-Haveri Section (Kms 284 to Kms 340) of NH-4, form part of the Western Transport Corridor of the National Highway (Golden Quadrilateral) in the State of Karnataka, and have been referred to as "Package-4" and "Package-5" respectively in all correspondence between the parties.;


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