Reliance Infrastructure Limited, the petitioner, and HPGC Limited, the respondent, entered into an engineering, procurement, and construction contract for two 600 MW thermal power plants. According to the conditions of the agreement, arbitration was the agreed-upon method of resolving disputes in the event of a disagreement.The Haryana government was required to appoint the arbitrator. The Government of Haryana designated Retd. IAS Officer, Former Chief Secretary of State of Haryana, as Sole Arbitrator upon Petitioner’s request. The reason the petitioner refused to accept the arbitrator’s appointment was because the arbitrator did not meet the requirements outlined in the Arbitration and Conciliation (Amendment) Act, 2015 (referred to as the “Act” for short), specifically in Section 12 and Schedules V and VII.
Reliance Infrastructure Ltd. (RInfra) filed a civil revision to contest the Special Commercial Court of Gurgaon’s order dated September 24, 2018, which dismissed a petition under Section 14 of the Arbitration & Conciliation Act, 1996 that contested the appointment of the Sole Arbitrator. The Punjab and Haryana High Court harshly criticized RInfra, noting that “The Petitioner has made efforts to thwart the arbitral proceedings,” in dismissing the Revision plea.
The Punjab and Haryana High Court recently appointed an arbitrator in a case involving non-payment of rent accruing from a lease deed between the parties, ruling that an arbitration can resolve a dispute pertaining to recovery of lease amount under the terms of the lease agreement rather than being solely under the control of the Rent Controller. Under Section 11(5) of the Arbitration and Conciliation Act, 1996, the petitioner in this case asked the High Court to appoint an impartial arbitrator to decide their dispute. According to the petition, the parties negotiated a lease contract in which the respondent was required to occupy the premises for a predetermined amount of time, known as the “lock-in period,” and the document could not be terminated by either party prior to the lock-in period ending.
A petition asking the National Highways Authority of India (NHAI) to provide an underpass for the people living in Sahnewal Khurd village (Ludhiana), which is located on both sides of NH 1, was denied by the Punjab and Haryana High Court. Jatinder Singh and the other petitioners had gone to the high court, arguing that the NHAI is enlarging the national highways and that, as a result, bridges and flyovers have been built, forcing the villagers’ residents to cross the highway in order to go to the other side of the village. It was argued that locals are forced to cross the NH-1 highway at great risk to their life since there is a constant flow of vehicles on that route and there is no means to go to the other side and also those of the commuters. Additionally, the town is located one kilometer distant from the lone vehicular underpass, making it challenging for locals to cross the highway to go about their everyday business.
The Punjab and Haryana High Court has ruled that “the Central government has the power to take possession under the National Highway Act, 1956, after complying with the requirements of Section 3-E of the Act,” in response to a case over compensation for land acquired by the NHAI. Manjit Singh and others have filed a petition against the Union of India and the NHAI, which is being heard by the bench of Justice Anil Kshetarpal. Initially, the petitioners claimed that no award regarding the super structure had been made, but they later asserted that their properties were taken by the Center in the exercise of its powers under the National Highway Act.
Life is filled with conflict. It’s not inherently good or evil. What matters most, though, is how we actually create or manage it. The arbitration process consistently proves to be a vigorous means of settling disputes. When traditional discussion fails, Alternative Dispute Resolution (ADR) refers to a variety of expedited methods designed to settle disputes more skillfully and effectively. It has undergone an incredible metamorphosis, emerging from the days of village elders gathering under banyan trees to settle disputes, to the current stage of obtaining constitutional recognition.
Artificial intelligence has evolved from a science fiction concept to a vital component of modern life in recent years. Thus, when we discuss artificial intelligence (AI) in our daily lives, we cover a wide range of topics, from algorithms that can monitor and process massive amounts of data to software that can read handwritten documents like an OCR reader. Artificial Intelligence has become increasingly prevalent in a number of industries, including retail, law, health, agriculture, finance, and marketing. The National Highway Authority of India (NHAI) has decided to move more quickly toward being tech-savvy due of the Covid-19 outbreak. Whereas Covid-19 has completely stopped operations, NHAI has successfully utilized this hardship to its considerable benefit.
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