Fri. Apr 23rd, 2021

National Highways Authority Of … vs Emas Expressway Pvtltd on 17 April, 2017

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1. The challenge by the National Highways Authority of India („NHAI‟) in
this petition under Section 34 of the Arbitration & Conciliation Act, 1996
against the Respondent – Emas Expressway Private Limited is to the Award
dated 31st December, 2013 passed by the Arbitral Tribunal („AT‟) in the
disputes between the parties arising out of a Concession Agreement („CA‟)
dated 27th March, 2002 for the work awarded by NHAI to the Respondent
for “Four Laning including strengthening of existing two lane pavement of
National Highway No. 2 from Palsit (Km 581.457) to Dankuni (Km 646)
Section in the State of West Bengal”.

2. The Respondent is a limited liability company/special purpose vehicle

O.M.P. (COMM) 176/2016 Page 1 of 12
incorporated for the purpose of the Project by Consortium of M/s Gamuda
Bhd & WCT Engineering Bhd. The Concession was for a period of 17 years
and 4 months including a construction period of 28 months. Rs.399.98
million was the Annuity payable by NHAI to the Respondent as per
Schedule – J to the CA. The Respondent appointed M/s Gamuda-WCT
(India) Pvt. Ltd. as the (Engineering, Procurement and Construction) EPC
Contractor.

Source: Indian Kanoon

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