The dispute resolution team of Legacy Law Offices LLP recently obtained two favourable orders for its client Usha Breco Ltd., in the matters of Usha Breco Ltd. & another v. Municipal Corporation, Shimla & another, andUsha Breco Ltd. & another v. Department of Tourism & Civil Aviation & another before the Himachal Pradesh High Court.
The dispute was in relation to the construction of two ropeway projects being undertaken in Public Private Partnership mode by the company at Shimla and Kangra in the state of Himachal Pradesh. Earlier the client company had invoked arbitration by issuing notice as per the Agreements signed between both parties but in view of inaction thereafter by the respondents, the petitioner company preferred to move the High Court for the appointment of an arbitrator to resolve the disputes.
It was argued by the respondents in both matters that the agreement specifically referred to the appointment of the Secretary (Law), Government of Himachal Pradesh as an arbitrator which the court negated in view of the decision earlier rendered in the case of Perkins Eastman Architects DPC and another vs. HSCC (India) Ltd reported in (2020) 20 SCC 760.
The High Court agreed with the argument of the petitioner that a case is made out for this Court to exercise powers under Section 11(6) of the Arbitration and Conciliation Act to appoint an independent arbitrator and thus issued an order to that effect.
Counsels appearing in the matter for the petitioner company are Gagan Anand, Managing Partner of Legacy Law Offices, Ramanjit Singh, Partner with Ankit Konwar, Principal Associate Advocate, Aakriti Gupta, Associate Advocate and Pranjal Munjal, Advocate.
The respondents were represented by Yudhvir Singh Thakur, Deputy Advocate General and Naresh K. Gupta, Advocate.
Legacy Law Offices LLP is a full-service Indian law firm with a global outlook. The firm possess extensive experience of advising government and private sector clients for establishing/ reviewing, developing and implementing projects across variety of infrastructure sectors in Asia, Africa and Middle East. On the whole, the firm has successfully rendered quality legal services including project structuring, preparing procurement documents, bid process management and providing support for contract management, litigation and arbitration for over 500 projects in various formats.