Lawstreet Journal

India-Myanmar-Thailand Trilateral Highway Project: Manipur HC Dismisses appeal challenging Centre’s Termination of Contract [READ ORDER]

Lawstreet Journal 1 Sep 2020 10:42pm

Image courtesy: Lawstreet Journal Judiciary India-Myanmar-Thailand Trilateral Highway Project: Manipur HC Dismisses appeal challenging Centre’s Termination of Contract [READ ORDER]

Last week, Manipur High Court dismissed an appeal against the Single Judge Bench of the Court declining to assume jurisdiction over a contractual dispute arising out of the India-Myanmar-Thailand Road Project. The Union of India and the project management consultants terminated the contract citing defaults from the contractor’s side in a judgment that resolves a complex commercial dispute arising out of the construction of 69 bridges on the approach road to the India-Myanmar-Thailand Trilateral Road.

According to the contractor, they were alleging arbitrariness and lack of notice per the terms of the contract, approached the Manipur High Court. A Single Judge of the High Court had ruled that the Court did not have jurisdiction to entertain the issue. This was resorted to despite an ouster clause in favor of jurisdiction by Delhi Courts. Furthermore, an intra-court appeal was filed which couldn’t be heard due to the COVID-19 pandemic, until the Attorney General raised the issue in the Supreme Court and the Top Court directed the matter be decided expediently.

Clarifying a key impediment to the High Court’s adjudication of a contractual dispute prior to recording findings, the Bench of Chief Justice Ramalingam Sudhakar and Justice Lanusungkam Jamir asserted that the Court would not have ventured into the interpretation of article of the agreement as above but we were forced to rule on the above as appellant invoked the plea of fundamental rights and arbitrariness of vehemently on the basis of Article 23.1.2 of the agreement. The respondents also denied such allegation equal… Continue Reading...


Tagged: Manipur High Court  
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