Gmr Kishangarh Udaipur Ahmedabad … vs National Highway Authority Of … on 29 June, 2015

1. This is a Petition filed under Section 9 of Arbitration &

Conciliation Act, 1996 (“Act” in short) seeking the following reliefs:-

PETITIONER’S CASE

2. It is the case of the petitioner that the respondent had called for

bids for design, engineering, finance, construction, operation and

maintenance of six-laning of Kishangarh – Udaipur – Ahmedabad section

of National Highway No. NH 79A, NH 79, NH 76 and NH 8. The

Petitioner was the successful bidder and was awarded the Contract. The

Concession Agreement was executed between the parties on November

30, 2011. Under the Concession Agreement, the respondent authority

had to fulfill mandatory Conditions Precedent under clause 4 and the

rights and obligations of the parties only come into effect after

fulfillment of the Conditions Precedent. It is the case of the petitioner,

that as per clause 4.1.2 of the Agreement, the respondent had to fulfill

the following obligations;

Source: Indian Kanoon