In a recent ruling by the Delhi High Court, a significant decision was made in the Encumbrance Free Sites Delay Case. The case involves disputes regarding the delay in handing over encumbrance free sites, impacting project completion timelines. The judgement addresses the violation of principles of natural justice and the oversight of omissions during contract performance. Stay updated on the latest developments in this legal battle between the parties.
Facts
- FAC acknowledges the delay in handing over encumbrance free sites by the Respondent.
- The delay has resulted in the project completion being delayed.
- The present Letters Patent Appeal has been filed under Clause X of the Letters Patent of the then High Court of Judicature at Lahore, extended to the High Court of Delhi.
- The appeal challenges the impugned judgment issued in February, 2024.
- The appeal argues that the judgment was issued in violation of principles of natural justice.
- Petitioner argues that Respondent has overlooked its own omissions during the performance of the contract.
Arguments
- The Appellant is willing to avail the remedy under the Act of 1996 and seeks interim protection until approaching the appropriate Court.
- The Court directs the Appellant to approach the appropriate Court under Section 9 of the Act of 1996 within ten days and invoke the dispute resolution clause within 30 days.
- Furthermore, the Appellant is willing to take recourse to the arbitration clause and the remedy amenable to judicial review.
Decision
- The appropriate Court shall decide the rival pleas of the parties uninfluenced by the observations made by the learned Single Judge in the impugned judgment dated 08 9.
- The present appeal along with applications is disposed of.
- No opinion on the merits of the dispute has been expressed, and the rights and contentions of both parties are left open.
- The Respondent’s impugned communication dated 09 February, 2024 shall remain stayed for a period of 10 days.
Case Title: UP STATE BRIDGE CORPORATION LIMITED Vs. NATIONAL HIGHWAYS AND INFRASTRUCTURE DEVELOPMENT CORPORATION LIMITED (2024:DHC:4159-DB)
Case Number: LPA-394/2024
