S&A Law Offices has represented PNC Infratech (contractor) before a three-member arbitral tribunal in the arbitration proceedings against the Public Works Department, Government of Uttar Pradesh.
The dispute had arisen out of and in connection with the EPC Contract dated 12.06.2014 executed between the PNC Infratech Limited and Public Works Department, Govt. of Uttar Pradesh for rehabilitation and upgradation of Sonauli to Gorakhpur section (from Km 0.000 to Km 80.000) on NH-29E in Uttar Pradesh to two-lane with paved shoulder on EPC mode under NHDP Phase IV.
The disputes arose on account of prolonged and significant delays and breaches committed by the Authority in fulfilling its contractual obligations, including delays in handing over encumbrance-free right of way, removal of utilities and other pre-construction activities, which resulted in substantial losses, prolonged execution of the project and consequent additional costs to the Contractor.
After considering the evidence and contractual provisions and appreciating the case of the contractor, the Tribunal comprising of three retired supreme court judges, upheld the contractor’s claims relating to prolongation costs, loss of earning capacity & profit, delayed handing over of the Site, escalation and other consequential contractual entitlements and granted substantial monetary relief in its favour.
By its award dated 31.07.2026, the three-member arbitral tribunal allowed the claims of PNC Infratech and awarded an amount of INR 146.58 Crore together with an interest at the rate of 9 percent per annum from 13.03.2019, which as of now comes to around INR 245 Crores.
The matter was led by counsel Manoj Kumar Singh, assisted by S&A Law Offices senior partner Nilava Bandyopadhyay who represented PNC Infratech in the arbitral proceedings.
