Article 1.2.1, which falls under the
chapter of Definitions and Interpretation of the Concession Agreement
includes words such as "unless the context otherwise requires ... baseless. It was further averred that the
learned Single Judge correctly interpreted the Concession Agreement,
stating that it does not mandate a commodity-wise study
Article 1.2.1, which falls under the
chapter of Definitions and Interpretation of the Concession Agreement
includes words such as "unless the context otherwise requires ... baseless. It was further averred that the
learned Single Judge correctly interpreted the Concession Agreement,
stating that it does not mandate a commodity-wise study
Article 1.2.1, which falls under the
chapter of Definitions and Interpretation of the Concession Agreement
includes words such as "unless the context otherwise requires ... baseless. It was further averred that the
learned Single Judge correctly interpreted the Concession Agreement,
stating that it does not mandate a commodity-wise study
point in issue would be
dependent on the interpretation of the Concession
Agreement and it proceeded to examine the same. A
plain reading ... other clauses of the Concession
Agreement - including Clause 18.4 of Concession
Agreement, Clause 2.1 of the Concession Agreement,
which defined the scope of the contract
findings recorded by the Arbitral Tribunal on
facts, law and interpretation of the Concession Agreement
were all within the realm of the Arbitral Tribunal ... notice, failing which
DAMEPL is entitled to terminate the Concession Agreement,
is a possible interpretation of Article 29.5.1. We refuse to
interfere with the findings
Smt. Chatro Devi vs Union Of India (Uoi) And Ors. on 3 March, 2005
Equivalent
obtained from the concessionaire and any other
interpretation would render nugatory the Concession
Agreement in letter and spirit. That the Highway
13
Administration, ceases ... Further, as it involved interpretation of
the Concession Agreement, it was agreed that this Court
proceed with the hearing in disposal of the writ petition
benefits under the Deemed Export Scheme under the
FTP as well as concessional rate of customs duty
under the Project Imports Scheme under the
Customs ... read with Article 8.4.4.(iv) of the FTP. Such
an interpretation was duly endorsed by the Director
General of Foreign Trade ("DGFT
contention that sub-clauses 13.5.1 and 13.5.2 of the
Concession Agreement are required to be interpreted in the manner as
canvassed by NHAI ... ground that the Arbitral Tribunal had mis-
interpreted the sub-clauses of the Concession Agreement, Mr Bishnoi
had sought to assail the impugned judgement
suit of the company. The Trial
Court on the interpretation of First Concession (Exhibit
P- 1), Second Concession (Exhibit P-2), deed of
ratification (Exhibit ... limits of the
grant as a matter of concession.
We agree with the interpretation given to the
clause by Mathew, J. and hold that
