M/S Velji Ratna Sorathia Infra Pvt. Ltd v. Airports Authority Of India

$~33 * IN THE HIGH COURT OF DELHI AT NEW DELHI + O.M.P.(I) (COMM.) 171/2025 M/S VELJI RATNA SORATHIA INFRA PVT. LTD .....Petitioner Through:

Mr. Jatin Kumar, Advocate.

versus AIRPORTS AUTHORITY OF INDIA .....Respondent Through:

Mr. Digvijay Rai, Standing Counsel along with Mr. Archit Mishra, Advocate & Mr. Gagan Kochar, Senior Manager LawAAI, Ms. Pragya Bansal, JE and Ms. Kashish Singhal, JE (Law).

CORAM:

HON'BLE MR. JUSTICE HARISH VAIDYANATHAN SHANKAR

O R D E R

% 22.04.2026 1.

The present Petition has been filed under Section 9 of the Arbitration and Conciliation Act, 1996 ["Act"] seeking the following reliefs:- "i. pass an injunction order staying the operation of letter dated 05.05.2025 issued by respondent, or in the alternative ii. restraining the Respondent from taking any coercive steps pursuant to letter dated 05.05.2025"

2.

This Court takes note of the fact that by virtue of Order dated 13.05.2025, the Petitioner was granted the following interim relief:- "16.

For the reasons recorded above, till the next date of hearing, the invocation of Bank Guarantee bearing Nos.

QXOGPGE233030514, dated 30.10.2023 and 0605NDLG00003725 shall remain stayed, if not, already done till 11:50 am today, subject to the petitioner keeping them alive." 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 25/04/2026 at 12:59:19

3.

Learned counsel appearing on behalf of the Petitioner submits that a Petition under Section 11 of the Act has been preferred on behalf of the Petitioner, which came to be filed by him yesterday. 4.

This Court is of the view that, considering the statutory mandate of Section 9(2) of the Act, arbitration proceedings should be commenced within a period of 90 days from the grant of any interim relief, as sought for therein.

5.

The interim reliefs were granted to the Petitioner on 13.05.2025, and they have been enjoying the fruits of it for almost a year. The Petitioner has chosen to invoke the arbitration proceedings, much after the aforestated prescribed period of 90 days. 6.

In view of the foregoing, this Court is of the view that the present Petition cannot be permitted to remain pending on the Board of this Court.

7.

The present Petition, along with pending Application(s), if any, stands dismissed.

HARISH VAIDYANATHAN SHANKAR, J APRIL 22, 2026/nd/dj 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 25/04/2026 at 12:59:19