High Court Partially Cancels NHAI Arbitration Award for Kalpataru JV

3 min read     Updated on 29 Jul 2026, 12:26 PM
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AI Summary

The High Court partially set aside an arbitration award in favor of Kurukshetra Expressway Private Limited (KEPL), a joint venture in which Kalpataru Projects International holds a 49.57% equity stake, against NHAI. In its July 28, 2026 order, the court upheld all claims except the Termination Payment and interest thereon, which were set aside following NHAI's Section 34 challenge filed in December 2024. KEPL, which had originally received two arbitration awards on August 16, 2024 related to the terminated Rohtak-Bawal NH-71 project, plans to appeal the decision on the Termination Payment.

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The High Court has partially set aside an arbitration award received by Kurukshetra Expressway Private Limited (KEPL), a joint venture of Kalpataru Projects International , against the National Highways Authority of India (NHAI). In its order dated July 28, 2026, the court upheld the awards on all claims except for the Termination Payment and interest thereon, which were set aside. This development resolves part of the long-standing dispute stemming from the termination of the Rohtak-Bawal section of NH-71 project in 2021 due to force majeure events caused by farmer agitations. The partial setback impacts the final settlement amount KEPL can claim from NHAI, though the majority of the awarded payments remain intact.

Kalpataru Projects International Limited disclosed the development on July 29, 2026, pursuant to Regulation 30 of the SEBI (Listing Obligations and Disclosure Requirements) Regulations, 2015. The company stated that it received the High Court's order on July 28, 2026, at approximately 3:22 p.m. KEPL, in which Kalpataru holds a 49.57% equity stake, had originally received two arbitration awards in its favor from NHAI on August 16, 2024. These awards included various payments and a Termination Payment related to the road project terminated by KEPL in 2021.

Background of the Dispute

The dispute originated when KEPL issued a Notice of Termination to NHAI on October 7, 2021, citing the forcible suspension of toll collection due to farmer protests as a Force Majeure event under the Concession Agreement dated July 13, 2010. The agreement was for the four-laning of the Rohtak-Bawal Section of NH-71 in Haryana on a Design, Build, Finance, Operate and Transfer (DBFOT) basis. Following the termination, KEPL's account was treated as a Non-Performing Asset (NPA) after it failed to pay interest to its lenders in October 2021, having previously honored payments until the 89th day.

NHAI had challenged the original arbitration awards by filing an application under Section 34 of the Arbitration and Conciliation Act, 1996, serving advance copies to KEPL in December 2024. The current High Court order represents the latest procedural step in this legal battle. By setting aside only the Termination Payment and interest, the court has left all other financial claims awarded to KEPL undisturbed.

Key Details at a Glance

The following table summarizes the key milestones and parameters of the KEPL-NHAI dispute:

Parameter: Details
Joint Venture (KEPL): Kurukshetra Expressway Private Limited
Kalpataru's Equity Stake: 49.57%
Concession Agreement Date: July 13, 2010
Project: Four-laning of Rohtak-Bawal Section, NH-71, Haryana (DBFOT basis)
Notice of Termination: October 7, 2021
Reason for Termination: Force Majeure — farmer agitation-led toll suspension
Original Arbitration Awards: August 16, 2024
NHAI's Section 34 Challenge: December 2024 (advance copies served)
High Court Order Date: July 28, 2026
Claims Upheld: All claims except Termination Payment and interest
Claims Set Aside: Termination Payment and interest thereon
Disclosure Date: July 29, 2026

Legal Strategy and Next Steps

Based on legal advice, KEPL believes it has a strong case to challenge the portion of the award set aside by the High Court. The joint venture is taking appropriate legal steps, including preferring an appeal against the decision regarding the Termination Payment. The financial impact on Kalpataru Projects International Limited will depend on the outcome of this appeal and the eventual crystallization of the awarded claims to KEPL.

The partial setting aside of the Termination Payment highlights the lingering financial uncertainty surrounding the KEPL-NHAI dispute. While the upholding of all other claims suggests that significant portions of the debt due and adjusted equity may still be recoverable, the removal of the Termination Payment and interest reduces the immediate potential recovery value. The timeline indicates a prolonged resolution process, spanning from the initial termination notice in October 2021 to the High Court order in July 2026.

Historical Stock Returns for Kalpataru Projects International

1 Day5 Days1 Month6 Months1 Year5 Years
+2.66%-3.18%-3.49%+16.30%+13.99%+181.95%

What is the estimated monetary value of the Termination Payment and interest set aside by the High Court, and how will this specifically impact Kalpataru's projected revenue for the current fiscal year?

How likely is KEPL to succeed in its appeal against the High Court's decision, and what is the expected timeline for this subsequent legal proceeding?

Will the partial setback influence NHAI's future arbitration strategies or risk assessment models for DBFOT projects affected by force majeure events like farmer agitations?

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Kalpataru Projects secures GST appeal win, removes ₹1.52 crore liability

2 min read     Updated on 26 Jul 2026, 04:15 PM
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Reviewed by
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AI Summary

Kalpataru Projects International Limited received a favorable order from the Appellate Authority setting aside a GST demand for FY 2019-20. The ruling removes a total liability of ₹1.52 crore in tax, ₹0.70 lakh in interest, and ₹15.17 lakhs in penalty. This resolves one component of a larger dispute involving multiple fiscal years disclosed in August 2024.

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Kalpataru Projects International Limited has secured a favorable ruling from the Appellate Authority, which set aside a Goods and Services Tax (GST) order for the fiscal year 2019-20. The decision eliminates a total liability comprising a tax demand of ₹1.52 crore, interest of ₹0.70 lakh, and a penalty of ₹15.17 lakhs. This resolution removes a contingent liability that had been flagged in an earlier intimation dated August 29, 2024, thereby preventing immediate cash outflow and validating the company’s defense against excess input tax credit claims for that period.

The company received the appellate order on July 23, 2026, at approximately 04:19 P.M. (IST). The disclosure was made in compliance with Regulation 30 of the Securities and Exchange Board of India (Listing Obligations and Disclosure Requirements) Regulations, 2015. The original order had been issued by the GST Authority under Sections 73 and 74 of the State Goods and Services Tax Act, 2017, read with relevant provisions of the Central Goods and Services Tax Act, 2017.

Details of the Resolved Liability

The specific order set aside by the Appellate Authority pertained exclusively to the FY 2019-20 period. The financial components of the resolved demand are detailed below:

Component Amount
Tax Demand ₹1.52 crore
Interest ₹0.70 lakh
Penalty ₹15.17 lakhs

The primary allegation in the original order was the excess availment of Input Tax Credit (ITC). By setting aside this specific order, the Appellate Authority has nullified the requirement for Kalpataru Projects to pay these amounts for the specified fiscal year.

Context of Broader Dispute

While the FY 2019-20 matter has been resolved in favor of the company, the August 29, 2024 filing indicated broader disputes with various State GST Departments. The aggregate demands across all cited fiscal years (FY 2019-20, FY 2020-21, and FY 2021-22) included an aggregate tax amount of ₹2.97 crores, interest of ₹0.16 crores, and penalties of ₹1.61 crores. These broader allegations also cited time-barred availment of ITC and availment of ITC on blocked supplies.

What the Numbers Show

The resolution of the FY 2019-20 case represents a complete reversal of the assessed liability for that period. With the tax demand of ₹1.52 crore and associated costs removed, the immediate cash outflow risk associated with this specific vintage is eliminated. This outcome validates the company's defense strategy regarding input tax credit claims for that year, potentially strengthening its position in similar disputes across other fiscal years where allegations of excess ITC claims were also raised.

Historical Stock Returns for Kalpataru Projects International

1 Day5 Days1 Month6 Months1 Year5 Years
+2.66%-3.18%-3.49%+16.30%+13.99%+181.95%

How will the favorable ruling in the FY 2019-20 case influence Kalpataru Projects' legal strategy and settlement negotiations for the remaining disputed fiscal years (FY 2020-21 and FY 2021-22)?

What is the expected impact on the company's quarterly cash flow and liquidity ratios now that the ₹1.52 crore contingent liability has been removed?

Will this precedent strengthen Kalpataru Projects' defense against similar Input Tax Credit allegations from other State GST Departments across India?

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1 Year Returns:+13.99%