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The Petitioner, Reliance Infrastructure Limited contracted with the Respondent (HPGCL)for the Engineering, Procurement & Construction Contract for 2x 600 MW Thermal Power Plant. As per the terms of the contract, in case of a dispute, Arbitration was the agreed form of dispute resolution.The Arbitrator had to be appointed by Government of Haryana. On request of Petitioner, Government of Haryana appointed Retd. IAS Officer, Former Chief Secretary of State of Haryana as Sole Arbitrator. The Petitioner did not accept the appointment of Arbitrator on the ground that Arbitrator is ineligible in terms of the qualifications prescribed under Arbitration and Conciliation (Amendment) Act, 2015 (‘Act’ for brevity) in particular Section 12 and Schedules V and VII thereof.
A civil revision had been filed by Reliance Infrastructure Ltd. (RInfra) challenging the order dated 24.09.2018 of the Special Commercial Court, Gurgaon whereby the petition under Section 14 of the Arbitration & Conciliation Act, 1996 challenging the appointment of the Sole Arbitrator had been dismissed. The Punjab and Haryana High Court, while dismissing the Revision petition came down heavily on RInfra observing that "The Petitioner has made efforts to thwart the arbitral proceedings…"
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Appointing an arbitrator in a case of non-payment of rent accruing out of a lease deed between the parties, the Punjab and Haryana High Court recently said that a dispute related to recovery of lease amount in terms of lease agreement does not fall within the exclusive jurisdiction of Rent Controller and can be adjudicated by the Arbitrator. The petitioner in this case moved the High Court for appointment of an independent Arbitrator to adjudicate their dispute under Section 11(5) of the Arbitration and Conciliation Act, 1996. As per the petition, a lease deed was executed between the parties, as per which, the respondent was to occupy the premises for a fixed period of time, on a 'lock-in period' basis and the deed could not be terminated by either parties before the expiration of the lock in period...
The Punjab and Haryana High Court has dismissed a petition seeking directions to the National Highways Authority of India (NHAI) to provide an underpass for the residents of Sahnewal Khurd village (Ludhiana), which is situated on both sides of NH 1. The petitioners – Jatinder Singh and others – had approached the high court contending that the NHAI is widening the national highways and accordingly, the bridges and flyovers have been constructed, forcing village residents to travel cross the highway to move to the either side of the village. It was contended that there is a continuous flow of traffic on NH-1 and in the absence of any access to go to the other side, the residents are forced to cross over the highway, endangering their lives and that of the commuters as well. Also, the one vehicular underpass that is there is 1 km away from the village and so it is difficult for residents to cross the highway for their daily routine works...
Taking up a plea over compensation for land acquired by the NHAI, the Punjab and Haryana High Court has held that “the Central government has the power to take possession under the National Highway Act, 1956, after complying with the requirements of Section 3-E of the Act”. The bench of Justice Anil Kshetarpal has been hearing a petition filed by Manjit Singh and others against Union of India and the NHAI. The petitioners had contended that their properties were acquired by the Centre in exercise of powers under the National Highway Act, but originally, the petitioners claimed, that no award with regard to the super structure had been passed...
Conflict is a constituent of life. It is neither good nor bad. However, what is imperative is exactly how we bring about or handle it. Arbitration modus operandi is over and over again vivacious in resolving the conflict. Alternative Dispute Resolution (ADR) designates a multiplicity of streamlined resolution mechanisms intended to resolve matters in debate more adroitly and efficiently when the ordinary negotiation route misses the mark. It has endured a remarkable transformation, budding from the time of village seniors meeting under a banyan tree and determining disagreements to the phase of attaining a constitutional acknowledgment.
Over recent years, Artificial Intelligence has gone from a science fiction to a critical fragment of our everyday lives. So when we are talking about AI in our lives we are talking about everything from the software being able to read a handwritten document like an OCR reader to algorithms that can monitor and process an enormous amount of data. The use of Artificial Intelligence has been on the augment in various sectors such as law, health, agriculture, finance, marketing, and retail. The Covid-19 pandemic has persuaded the National Highway Authority of India (NHAI) to accelerate towards being tech-savvy. Where Covid-19 have brought everything to a halt, NHAI has turned this adversity into a significant advantage.
Read More...A prominent judgment pronounced by Justice Rohintan Fali Nariman and Justice InduMalhotra on the eight day of August, 2018 in the matter between M/s Ved Prakash Mithal and sonsvs Union of India1 puts to rest the disputed interpretation of the expression ‘Disposed of’ in simple one line expression that “disposal” of the application can be either by allowing it or dismissing it. Consequently, the period of limitation for filing an application u/s 34 was held to be decided from date of decision of application u/s 33 of the Act, whether the same is allowed or dismissed.
Read More...The Courts have time and again acknowledged the role of expert bodies and have categorically observed that the work of such bodies shall not be interfered by the Courts unless there is an apparent illegality. One such progressive decision has been given by Hon’ble High Court of Punjab and Haryana in its recent decision in the case of “Kimat Rai vs. Union of India” [Judgment dated 19.04.2018 in Civil Writ Petition 8514 OF 2017]
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