High Court of DelhiO.M.P./111/2014

National Highways Authority Of India v. M/S Gayatri Projects Ltd-Eci Engineering And Construction Co Ltd(Jv)

2016-01-18Joint Registrar (Judicial) Sh. S.S. Malhotra (Dhjs)2 pages

$~69 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ O.M.P. 111/2014 NATIONAL HIGHWAYS AUTHORITY OF INDIA ..... Petitioner Through Ms.Gunjan Sinha Jain, Adv. with Mr.Mukesh Kumar, Adv.

versus M/S GAYATRI PROJECTS LTD-ECI ENGINEERING AND CONSTRUCTION CO LTD(JV) ..... Respondent Through Mr.Saurabh Mishra, Adv.

CORAM:

HON'BLE MR. JUSTICE MANMOHAN SINGH

O R D E R

% 18.01.2016 I.A. No.750/2016 (u/s 151 CPC, by petitioner) The abovementioned application has been filed by the petitioner under Section CPC for withdrawal of the issue related to reimbursement of royalty under subsequent legislation clause.

Learned counsel for the petitioner states that the issue of Royalty visa-vis subsequent legislation has been finally settled vide judgment dated 24th April, 2015 passed in the matter of National Highways Authority of India vs. lTD Cementation India Limited reported as (2015) 5 SCALE 554. She further states that the Review being R.P.(C) No.3113 of 2015 assailing the aforesaid judgment dated 24th April, 2015 has also been dismissed by the Supreme Court. In view of the above, the learned counsel for the petitioner wishes to withdraw the royalty issue, which is claim No.6. As prayed, the same is dismissed as withdrawn.

The application is disposed of.

I.A. No.751/2016 (u/s 151 CPC for directions, by respondent) In view of the order passed in I.A. No.750/2016, the present application has become infructuous and the same is disposed of as such.

OMP No.111/2014 As far as the remaining Claim No.10, i.e. refund of deduction made for workers welfare cess along with interest thereon is concerned, the learned counsel for the petitioner states that this issue is also covered by the judgment passed by a Division Bench of this Court in the case of National Highways Authority of India vs. Gammon-Atlanta (JV), 2013(4) Arb. LR 61 (Delhi) (DB), which goes against the petitioner. Counsel states that the present petition may be disposed of in view of the above.

Learned counsel for the respondent has no objection in this regard. The petition is accordingly disposed of. MANMOHAN SINGH, J.

JANUARY 18, 2016/ka