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april 2014

Supreme Court of India · 2014-04-17

M/S. Soma Isolux Nh One Tollway Pvt.Ltd vs Harish Kumar Puri & Ors

Citation / case number
AIR 2014 SUPREME COURT 2495
Court
Supreme Court of India
Petitioner
M/S. Soma Isolux Nh One Tollway Pvt.Ltd
Respondent
Harish Kumar Puri & Ors
Author
Gyan Sudha Misra
Bench
Pinaki Chandra Ghose, Gyan Sudha Misra

Judgment text excerpt

The Supreme Court held that the High Court's directions in CWP No. 13848/1998, which imposed fines and mandated actions regarding the Concession Agreement dated 09.05.2008, constituted judicial overreach under Article 226 of the Constitution of India. The Court emphasized that the terms of a concluded contract cannot be nullified by the High Court without the consent of the parties involved, and such sweeping directions infringe upon the contractual rights of the Concessionaire company. The appeal was allowed, and the High Court's order was set aside, reaffirming the sanctity of contractual obligations.

M/S. Soma Isolux Nh One Tollway Pvt.Ltd vs Harish Kumar Puri & Ors · Niyam