National Highway Authority Of India v. Gwalior Bypass Project Ltd

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ O.M.P. (COMM) 213/2018 NATIONAL HIGHWAY AUTHORITY OF INDIA ..... Petitioner Through:

Mr S. B. Upadhyay, Sr. Advocate with Mr Ramesh Kumar, Mr Samraat Singh, Ms Anisha Upadhyay and Mr Nishant Kumar, Advocates.

versus GWALIOR BYPASS PROJECT LTD ..... Respondent Through:

Mr Nilava Bandhopadhy

CORAM:

HON'BLE MR. JUSTICE VIBHU BAKHRU

O R D E R

% 17.05.2018 IA No.6881/2018 1.

Allowed, subject to all just exceptions.

O.M.P. (COMM) 213/2018 & IA No.6882/2018 2.

At the outset, Mr Upadhyay, learned senior counsel appearing for the petitioner states that he does not wish to press the present petition. However, it is seen that the petitioner had filed an application before the Arbitral Tribunal challenging the impartiality and independence of the Arbitral Tribunal which was not accepted. It had, then, filed a petition under Section 14 of the Arbitration and Conciliation Act, 1996 before this Court, which did not meet with any success. Dissatisfied with the decision of this Court, the petitioner had filed a Special Leave Petition before the Supreme Court, which was also rejected. After exhausting its remedies, the petitioner

has once again commenced the same process. Plainly, this is not bonafide. 3.

However, since the learned senior counsel for the petitioner had, at the outset, requested for withdrawal of the petition, this Court is refraining from making any further observations.

4.

The petition is dismissed as withdrawn albeit with costs quantified at `50,000/-.

The cost shall be deposited with the Delhi High Court Legal Services Committee within a period of two weeks from today. 5.

The pending application is disposed of.

VIBHU BAKHRU, J MAY 17, 2018 MK