“...this court is inclined to accept the settlement arrived between the three parties, namely, NHAI, IDFC Ltd and DGSCL, as applicant (SDMC) is not a party to the agreement; its independent petition is also pending.
“Thus, the prayer made in the application ...by SDMC for its impleadment as respondent cannot be accepted, coupled with the fact that NHAI has agreed to provide four lanes of the toll plaza, as discussed earlier, to the applicant to charge the toll tax from the commercial vehicles. The NHAI is also ready to cooperate with SDMC who can create its infrastructure for the purposes of collecting toll tax,” the order said.
As per the settlement terms, DGSCL, which was operating the toll plazas, shall be “discharged of all claims, liabilities and obligations, existing and future, under the Concession Agreement dated 18th April, 2002, the Rupee Loan Agreement dated 9th September, 2010 and under the MoU dated 18th September, 2012 ....
“The said liabilities and obligations are hereby taken over and assumed by IDFC (on behalf of the senior lenders) on terms set out in the Bilateral Agreement between DGSCL and IDFC ...and NHAI consents thereto subject to no liability coming on to NHAI due to the said bilateral agreement.”
