National Highways Authority Of India v. Ps Toll Road Pvt Ltd

$~14 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ ARB. A. (COMM.) 26/2024&I.A. 10694/2024, I.A. 10696/2024, I.A. 31198/2024 NATIONAL HIGHWAYS AUTHORITY OF INDIA.....Petitioner Through:

Mr. Arun Kr. Verma with Ms. Gunjan Sinha Jain and Ms. Aparna Gupta, Advs.

versus PS TOLL ROAD PVT LTD .....Respondent Through:

Mr. Jayant Mehta, Sr. Adv., Mr.

Vijayendra Pratap Singh, Mr. Ankur Kashyap, Mr. Aditya Jalan, Mr. Asif Ahmed, Ms. Shubhangni Jain, Mr.

Ankitesh Ojha and Ms. Diva Sehgal, Advs.

CORAM:

HON'BLE MR. JUSTICE JASMEET SINGH

O R D E R

% 09.07.2024 1.

This is an appeal filed under Section 37(2)(B) of the Arbitration and Conciliation Act, 1996 seeking to challenge the interim order dated 07.03.2024 passed by the Arbitral Tribunal.

2.

With consent of parties, it is decided that the appellant shall carry out the maintenance work on the subject highway.

3.

Mr. Verma, learned counsel for the petitioner states that in consultation with the authorities and other executing agencies, conservatively, the maintenance work on the highway will be completed by 30.11.2024. Thereafter the parties shall remain bound by the terms and conditions of the agreement.

4.

Binding the parties to the consent order passed today, the petition is 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 18/07/2024 at 15:50:33

disposed of.

5.

The rights and contentions of the parties are left open to be decided by the Arbitral Tribunal.

6.

Mr. Verma, learned counsel for the petitioner states that he will move an appropriate application before the Arbitral Tribunal seeking modification of condition 71(d) of the impugned interim order dated 07.03.2024. 7.

Mr. Mehta, learned senior counsel for the respondent on instructions states that he shall also move application seeking modification of the condition 71(a).

8.

The parties are at liberty to do so in accordance with law. 9.

The petition is disposed of.

JASMEET SINGH, J JULY 9, 2024/NG Click here to check corrigendum, if any 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 18/07/2024 at 15:50:33