This judgment deals with whether NHAI’s termination payment under a concession agreement is capped by the defined Total Project Cost or can be raised by a unilateral disaggregation letter.

Case Snapshot

• Case Name: Kurukshetra Expressway Private Limited v. National Highways Authority of India

• Citation / Neutral Citation: 2026:DHC:8381-DB

• High Court: High Court of Delhi

• Bench: Justice Anil Kshetarpal and Justice Shail Jain

• Date of Judgment: September 28, 2026

• Area of Law: Arbitration and Conciliation Act, 1996; Sections 34 and 37; concession agreements; termination payment; patent illegality

Judgment Headline

Delhi HC: NHAI Termination Payment Capped by Contractual Total Project Cost

The Judgment in One Line

Delhi High Court dismisses Section 37 appeal, affirming that NHAI’s termination liability cannot exceed the contractually defined Total Project Cost cap despite a hig

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