S&R Associates advises Mahanagar Gas Ltd. on concession agreement for 350 TPD compressed biogas plant in Mumbai
The S&R team is led by partner Avikshit Moral and counsel Preeti Dhar.
The S&R team is led by partner Avikshit Moral and counsel Preeti Dhar.
The bid process culminated with ARTL emerging as the successful bidder whereafter ARTL incorporated an SPV namely, M/s Indore Gujarat Road Limited to substitute the Existing Concessionaire for the Project. With NHAI’s approval on the implementation of the substitution and also on the financing arrangement availed by ARTL from YES Bank Ltd for funding the consideration amount for the substitution, the parties executed definitive documents for successful implementation of the substitution.
“Where construction of roads was undertaken and the toll was being collected as a reciprocal arrangement under the agreement, there was no tax exemption because the collection of toll was essentially the consideration being received and amounted to annuity and in case of any ambiguity, the same was to be interpreted in favor of the revenue/state and not in favor of the assessee.”
“At the time of executing the Concession Agreements with developers, DMRC had collected “upfront fee” as a price for obtaining the respective Concession Agreements.”
The concession agreement is neither a statute, nor is it a law which protects the national interests of this nation and a mere failure of the arbitral tribunal to consider an argument on the same would not render the arbitral award in contravention of the fundamental policy of Indian law.
Delhi High Court: C. Hari Shankar, J., addressed three different petitions between the same parties arising out of the award passed by