M/S Nkg Infrastructure Ltd. Through Its Managing Director v. Airport Authority Of India (Aai) Through Dgm/Jt. Gm Engg. (C) Safdarjung Airport, Engineer-In-Charge

$~22 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 1734/2026 and CM APPL. 8469/2026, CM APPL. 8470/2026, CM APPL. 8471/2026 M/S NKG INFRASTRUCTURE LTD. THROUGH ITS MANAGING DIRECTOR .....Petitioner Through:

Mr. Manish Gupta, Ms. Manaswee Gupta, Mr. Sowmya China, Advs.

versus AIRPORT AUTHORITY OF INDIA (AAI) THROUGH DGM/JT. GM ENGG. (C) SAFDARJUNG AIRPORT, ENGINEER-IN-CHARGE .....Respondent Through:

Mr. Counsel (appearance not given)

CORAM:

HON'BLE MR. JUSTICE PURUSHAINDRA KUMAR KAURAV

O R D E R

% 06.02.2026 1.

The facts of the case would indicate that on account of some timeline constraint for constitution of the Dispute Resolution Committee ('DRC'), the petitioner has approached this Court under Article 226 of the Constitution of India. It, however, be seen that the petitioner earlier has taken recourse to remedy under Section 9 of the Arbitration and Conciliation Act, 1996. Vide order dated 19.01.2026 (Annexure P-19 of the petition) passed in O.M.P.(I) (COMM.) 19/2026, the Court has passed following order:

"4. Learned counsel for the Petitioner, on instructions, further submits that the Petitioner is agreeable to abide by the terms contained in the said letter, meaning thereby that, instead of referring the disputes to the DRC, The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 09/02/2026 at 12:57:44

the parties shall first undergo a process of mediation for the resolution of their disputes.

5. Learned counsel for the Respondent, on instructions, submits that no coercive steps shall be taken against the Petitioner till such time as the amount of compensation is duly quantified and the Petitioner is notified thereof. It is further submitted that a clear period of at least 7 working days shall be granted after such notification of quantification of compensation before taking any further steps in terms of the Agreement.

6. In view of the aforesaid submissions and consent of the parties, the present Petition stands disposed of, along with pending application(s), if any, in terms of the observations made hereinabove." 2.

If, at this point of time again, the petitioner deserves some measures, it will have to take the remedy under section 9 of the Act of 1996. 3.

Accordingly, granting that liberty in favour of the petitioner, the petition stands disposed of.

PURUSHAINDRA KUMAR KAURAV, J FEBRUARY 6, 2026 aks/ap The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 09/02/2026 at 12:57:44