Hatkeshwar flyover: Company moves court against demolition
The company has also sought an interim stay on AMC extracting from it the amount of expenditure for demolition and reconstruction of the flyover.
After finding the Hatkeshwar flyover poorly constructed, AMC decided to demolish the flyover, which was constructed in 2017 and closed in 2021. Following AMC's decision to bring down the bridge, blacklist the company, and make the company bear the expenditure of demolition and construction of a new flyover, the construction company demanded arbitration with AMC under the provisions of Section 9 of the Arbitration & Conciliation Act, 1996, in accordance with the contract clause.
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Before the arbitration process begins and until it reaches any conclusion, the company has sought the court's directions to stay AMC "from dismantling, demolishing or reconstructing or taking any other actions in respect of the flyover...at the risk and cost of the company in any manner whatsoever."
The company has also urged the court to restrain AMC from withholding or adjusting any payment due for the construction of split flyovers on Pallav Crossroads against the cost of demolition and reconstruction of the Hatkeshwar flyover.
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The company's counsel submitted that the company cannot be made liable for the demolition or reconstruction of the flyover. The counsel said despite multiple requests to AMC to permit it to carry out necessary repair works on the bridge, the civic body ignored them.
The company submitted that after the completion of the bridge and before opening it for public use, AMC itself issued the work completion certificate.
Moreover, the offer to repair the bridge was made despite the fact that the fault with the bridge was found beyond the liability period.
As the company pressed for a stay on the demolition of the bridge and extraction of expenditure for demolition and reconstruction, commercial court judge Prakash Khanchandani stated, "At this stage, looking to the bulky records which resulted in numerous correspondence exchanged between the parties, before granting interim measures of protection, the other side i.e. the respondent is required to be given an opportunity to present its case.
Hence, an urgent show-cause notice requires to be issued to the respondent, to present its case before this Court."
The case has been adjourned till Aug 30.
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