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Case Details |
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Case Code: LAW012
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| Case Length: 6 Pages |
| Period: 2017 |
| Pub Date: 2017 |
| Teaching Note: Not Available |
| Price: Rs.300 |
| Organization : - |
Industry : Infrastructure/ Construction/ Public Private Partnerships
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| Countries : India, any Country of PPP with NHAI |
| Themes: Contractual Rights
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Soma Isolux National Highway Project: Reinforcing the Rights of a Contractor |
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INTRODUCTION |
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| On April 17, 2014, the Supreme Court of India, in its decision on an appeal filed by Soma Isolux National Highway Tollway One Pvt. Ltd., (Soma) against an order passed by the Division Bench of the High Court of Punjab and Haryana (HC) with reference to a Public Interest Litigation (PIL) , held that certain adverse directions issued by the High Court like levying of penalty and transfer of project to the National Highway Authority of India (NHAI) had grave implications on the contractual rights of Soma. The Supreme Court directed Soma to restart the construction of the six-lane national highway between Jalandhar and Panipat cities in India. The Supreme Court also directed Soma to complete the pending construction including setting up of toll plazas by March 31, 2015, failing which the company would be liable for penal consequences to be determined by the NHAI as per the terms of the Concession Agreement .......
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