Supreme Court of India

Highways Authority of India v. Gwalior Jhansi Expressway Limited

Neutral citation
Reported as [2018] 9 S.C.R. 1024
Bench Dipak Misra, A. M. Khanwilkar and Dr. D. Y. Chandrachud JJ.
Decided 13 July 2018

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

1 Supreme Court bench has cited this judgment.

What the Court ordered

In view of the above, we have no hesitation in concluding that the decision of the Arbitral Tribunal as confirmed by the High Court, falls foul of the fundamental policy of Indian law an d cannot be countenanced.

Judgment, page 28

From the headnote

Tenders – Agreement between the appellant and the respondent for widening the existing two-la ne portion of National Highway No.75 to four lanes – Appellant alleged breaches on p art of the respondent – Arbitral Tribunal constituted – Appellant mo ved application u/s.17 of the 1996 Act before the Tribu nal seeking permission to complete the balance work of the projec t in view of loss to the public at large – Respondent also filed application u/ s.17 – Arbitral Tribunal disposed of the applications by common interim order dtd. 23 rd July 2016 – Appellant issued a tender for the balance work –

Where later benches applied it

Of those, 1 referred to

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