Legafin Advocates successfully defended the National Highways Authority of India through the entire dispute cycle on the two-laning with paved shoulder of NH-67 between Nagapattinam and Thanjavur. The firm defended NHAI in the underlying commercial arbitrations with Madhucon (1st and 2nd References), resisting contractor claims of approximately INR 104 crore and INR 418 crore respectively, and thereafter appeared for NHAI before the Delhi High Court in a Section 34 challenge to an arbitral award of approximately INR 52.62 crore for idling of plant and manpower, overheads and interest. The firm contested arbitrability, tested the evidentiary foundation of the prolongation case and pressed the proper construction of the EPC provisions. During pendency, the firm steered the matter into settlement under the Vivad-Se-Vishwas II (Contractual Disputes) Scheme, securing disposal of the Section 34 and connected Section 36 proceedings with liberty to revive.
Legafin Advocates successfully represented M/s Surat Hazira NH6 Tollway Pvt. Ltd. in arbitration with the National Highways Authority of India under the DBFOT Concession Agreement for the design and construction of the Surat–Hazira highway in Gujarat, having prepared and prosecuted the concessionaire's claims of approximately INR 3,500 crore for prolongation, change of scope and related heads.
Legafin Advocates acted for the National Highways & Infrastructure Development Corporation Limited on three connected fronts arising out of the Changtongya–Longleng Road in Nagaland: (i) the underlying domestic commercial arbitration with the EPC contractor, in which NHIDCL was defended on the termination of the contract and the consequential claims; (ii) the Section 9 petition for interim relief moved by the contractor before the Delhi High Court, in which NHIDCL was successfully defended; and (iii) the writ proceedings in M/s Technocrats Advisory Services Pvt. Ltd. – Jagadambike Infrasolution Pvt. Ltd. (JV) v. NHIDCL (W.P.(C) No. 16803/2022), in which the submissions traversed the applicability of MoRTH circulars, the obligations of the Authority Engineer, the processing of extensions of time, non-conformance reporting and the natural-justice safeguards governing public-sector blacklisting.
Legafin Advocates successfully represented NHIDCL before the Delhi High Court in writ proceedings and the consequent Letters Patent Appeal in Highways Engineering Consultant v. NHIDCL & Anr. (LPA No. 392/2023), defending the order debarring the Authority Engineer / Independent Engineer as a non-performer under MoRTH policy on the Lameri–Paini stretch (Km 368–468). The case turned on the engineer's supervisory and monitoring obligations, the deployment of key personnel, the failure to detect design and quality deficiencies, the processing of extensions of time, and adherence to show-cause and hearing requirements in public-sector blacklisting.
Legafin Advocates successfully defended a public-sector employer before the Delhi High Court in a Section 9 petition for interim relief filed by the EPC contractor on the two-lane with hard-shoulder construction of the Kohima–Jessami Road.
Legafin Advocates successfully defended a public-sector undertaking before the Delhi High Court in a writ petition brought by the project consultant arising out of consultancy services rendered as the Authority's Engineer for the supervision of construction and upgradation of NH-7 (existing two-lane) in Uttarakhand.
Legafin Advocates successfully challenged the Authority's disqualification of the Bid relating to the Namti–Kibithu Road (Km 15.000–20.310). The challenge engaged questions of recurring importance in public procurement: the proper computation of Available Bid Capacity, the treatment of ongoing works within the "B-value", the permissible bounds of bid clarifications as distinct from post-bid modification, and the reach of misrepresentation and disqualification clauses.