National Highway Authority Of India v. M/S Ssangyong Engineering & Construction Co Ltd

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ TR.P.(C.) 53/2019 NATIONAL HIGHWAY AUTHORITY OF INDIA ..... Petitioner Through:

Mr Ankur Raj, Mr Varun Amar, Ms Nikita Raj and Ms Deepti Gupta, Advocates.

versus M/S SSANGYONG ENGINEERING & CONSTRUCTION CO LTD ..... Respondent Through:

Ms Rashmeet Kaur and Ms Aparna Majumdar, Advocates.

CORAM:

HON'BLE MR. JUSTICE VIBHU BAKHRU

O R D E R

% 23.04.2019 CM No.18649/2019 1.

Allowed, subject to all just exceptions.

TR.P.(C.) 53/2019 & CM No.18648/2019 2.

This is a petition filed under Section 24 of the Code of Civil Procedure, 1908, inter alia, praying that the petitioner's application under Section 34 of the Arbitration and Conciliation Act, 1996 - OMP (COMM.) 45/2018 captioned 'National Highway Authority of India v. M/s Ssangyong Engineering & Construction Ltd. - be transferred from the Court of District Judge, Patiala House Courts, to this Court. It is stated that the respondent has also filed an application under Section 34 of the said Act challenging the subject award, in this Court. The said

application - M/s Ssangyong Engineering & Construction Ltd. v. National Highway Authority of India: OMP(COMM.) 518/2018 - is now listed on 21.10.2019.

3.

The learned counsel appearing for the respondent concurs with the request made by the petitioner and does not oppose this petition. This Court is also of the view that the petitioner's request for transfer of the application is merited.

4.

Accordingly, the petition is allowed and the OMP (COMM.) 45/2018 captioned 'National Highway Authority of India M/s Ssangyong Engineering & Construction Ltd.' is transferred to this Court. The concerned Court is directed to forward the relevant files to the Registry of this Court.

5.

List the above captioned petition on 21.10.2019 along with OMP (COMM.) 518/2018.

VIBHU BAKHRU, J APRIL 23, 2019 MK