Gmr Ambala Chandigarh Expressways Vt. Ltd. v. National Highway Authority Of India & ANR.
$~11 & 12 * IN THE HIGH COURT OF DELHI AT NEW DELHI + FAO(OS) (COMM) 127/2020 & C.M.Nos. 26371-26373/2020 GMR AMBALA CANDHIGARH EXPRESSWAYS PVT. LTD.
...... Appellant Through:
Mr.Kailash Vasudev, Sr.Advocate with Mr.Atul Sharma, Mr.Milanka Chaudhury, Mr.Sarojanand Jha, Mr.Siddharth Mehra, Ms.Abhilasha Singh and Mr.Dipan Sethi, Advocates.
versus NATIONAL HIGHWAY AUTHORITY OF INDIA...... Respondent Through:
Ms.Maninder Acharya, Sr.Advocate with Mr.Suman Jyoti Khaitan, Mr.Nubair Alvi, Mr.Viplav Acharya, Mr.Krishnesh Bapat, Mr.Shikhar Kishore, Advocates with Mr.Ashok Tripathi, Legal Advisor, NHAI, Mr.Pradeep Atri, PD-PIU, Chandigarh, NHAI, Mr.Dheeraj Upadhyay, Legal Department, NHAI and Mr.Navneet Gupta, NHAI.
+ FAO(OS) (COMM) 129/2020 & C.M.Nos. 26376-26378/2020 GMR AMBALA CANDHIGARH EXPRESSWAYS PVT. LTD.
...... Appellant Through:
Mr.Abhishek Manu Singhvi, Sr.Advocate with Mr.Atul Sharma, Mr.Milanka Chaudhury, Mr.Sarojanand Jha, Mr.Siddharth Mehra, Ms.Abhilasha Singh and Mr.Dipan Sethi, Advocates.
versus FAO (OS) (COMM) 127/2020 & 129/2020 Page 1 of 3
NATIONAL HIGHWAY AUTHORITY OF INDIA & ANR ...... Respondents Through:
Ms.Maninder Acharya, Sr.Advocate with Mr.Suman Jyoti Khaitan, Mr.Nubair Alvi, Mr.Viplav Acharya, Mr.Krishnesh Bapat, Mr.Shikhar Kishore, Advocates with Mr.Ashok Tripathi, Legal Advisor, NHAI, Mr.Pradeep Atri, PD-PIU, Chandigarh, NHAI, Mr.Dheeraj Upadhyay, Legal Department, NHAI and Mr.Navneet Gupta, NHAI.
% Date of Decision: 20th October, 2020
CORAM:
HON'BLE MR. JUSTICE MANMOHAN HON'BLE MR. JUSTICE SANJEEV NARULA
J U D G M E N T
MANMOHAN, J: (Oral) 1.
The appeals have been heard by way of video conferencing. 2.
In view of the earlier Division Bench judgment of this Court in Nussli Switzerland Ltd. Vs. Organizing Committee Commonwealth Games, 2010, 2014 SCC OnLine Del 4834 as well as that of the Bombay High Court in Dirk India Private Limited Vs. Maharashtra State Electricity Generation Company Limited, 2013 SCC OnLine Bom 481, which have held that a party whose claim has been rejected by the Arbitral Tribunal cannot maintain a Section 9 application for an interim relief, the present appeals along with pending applications are dismissed. 3.
However, learned senior counsel for the appellants state that the appellants intend to approach the Supreme Court against this judgment as FAO (OS) (COMM) 127/2020 & 129/2020 Page 2 of 3
well as the orders dated 24th September, 2020 passed by a learned Single Judge of this Court dismissing the appellants' applications being I.A.Nos.8412/2020 and 8417/2020 under Section 36 of the Arbitration Act. Accordingly, they state that the respondents be directed not to take any coercive action for a period of three weeks, as otherwise the prayer of the appellants for interim relief would become infructuous. 4.
Keeping in view the aforesaid, it is directed that the respondents shall not take any coercive action against the appellants for a period of three weeks on account of the impugned orders passed by the learned Single Judge.
5.
The order be uploaded on the website forthwith. Copy of the order be also forwarded to the learned counsel through e-mail. MANMOHAN, J SANJEEV NARULA, J OCTOBER 20, 2020 KA FAO (OS) (COMM) 127/2020 & 129/2020 Page 3 of 3