M/S Irb Ahmedabad Vadodara Super Express Tollways Pvt. Ltd. v. National Highways Authority Of India

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ O.M.P.(I) (COMM.) 200/2024 M/S IRB AHMEDABAD VADODARA SUPER EXPRESS TOLLWAYS PVT. LTD.

....Petitioner Through:

Mr.

Davinder Singh, Sr.

Advocate with Mr. Karan Bharihoke, Mr.

Anirudh Bakhru, Ms. Devika Mohan, Mr.

Ankit Banati, Mr. Param Bir Singh, Mr.

Humraz Bir Singh and Ms. Tarini Khurana, Advocates, for IRB Ahmedabad Vadodara versus NATIONAL HIGHWAYS AUTHORITY OF INDIA .....Respondent Through:

Mr.

Parag Tripathi, Sr.

Advocate with Mr. Ankur Mittal and Mr.

Sanjivan Chakraborty, Advocates.

CORAM:

HON'BLE MR. JUSTICE C. HARI SHANKAR ORDER (ORAL) % 18.07.2024 O.M.P.(I) (COMM.) 200/2024 1.

The petitioner seeks pre-arbitral interim relief. It is submitted that the Arbitral Tribunal has already been constituted. Mr.

Bharihoke, learned Counsel for the petitioner is agreeable to this petition being treated as a Section 17 of the Arbitration and Conciliation Act, 1996 ("the 1996 Act") application and listed before the learned Arbitral Tribunal for decision.

2.

Mr. Tripathi, learned Senior Counsel for the respondent has no By:ROHIT BARARIA 16:08:05 By:CHANDRASHEKHARAN HARI SHANKAR 16:07:19 OMP (I) (Comm) 200/2024

objection.

3.

Without expressing any opinion one way or the other on the merits of this petition, this petition is relegated for decision by the learned Arbitral Tribunal treating it as an application under Section 17 of the 1996 Act, in accordance with law.

4.

The petition is disposed of accordingly.

5.

The interim direction in para 10 of the order dated 5 June 2024 shall continue to remain in operation and shall abide by the decision of the learned Arbitral Tribunal, treating this petition as an application under Section 17 of the 1996 Act.

6.

The petition is disposed of accordingly.

I.A. 31698/2024 (interim relief) 7.

This application does not survive for consideration and stands disposed of.

C.HARI SHANKAR, J JULY 18, 2024 rb Click here to check corrigendum, if any By:ROHIT BARARIA 16:08:05 By:CHANDRASHEKHARAN HARI SHANKAR 16:07:19 OMP (I) (Comm) 200/2024