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Case Details

Case Code: LAW012
Case Length: 6 Pages 
Period: 2017    
Pub Date: 2017
Teaching Note: Not Available
Price: Rs.300
Organization : -
Industry : Infrastructure/ Construction/ Public Private Partnerships
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

 

ABSTRACT

 
The case analyses the situation of long time pending Public Interest Litigation before the High Court of Punjab and Haryana in enforcing the NH-1 Soma Isolux Project. The case deals with various impediments that affected the Project to complete on time and explains how the contractor reinforces his rights by approaching the Supreme Court of India. The case mainly discusses the scenario of contractual obligations concluded between parties and courts interference in settling the long time issues that became hindrances for the implementation of the Project.
 
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Issues

The case is structured to achieve the following teaching objectives:
  • To understand the enforcement of contractual rights in Public Private Partnerships
  • To evaluate the terms of the Model Concession Agreement of NHAI.
  • To analyse the Court’s interpretation of contractual agreements.
  • To understand the regulatory framework of the Concession Agreement.
  • To examine the impediments that affects project implementation.
Contents
INTRODUCTION
BACKGROUND
BEFORE THE SUPREME COURT
LOOKING AHEAD
EXHIBITS

Keywords

Contractual Agreement,Model Concession Agreement,NHAI,Public Private Partnership,Concessionaire,Public Interest Litigation,Special Leave Petition,Personal Liability,Shifting of Tollways,Planning Commission,Feasibility Report,Independent Engineer,Arbitration,Cabinet Committee on Economic Affairs,Penalty

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