National Highway Authority Of India (Nhai) v. Shree Jagannath Expressways Pvt Ltd (Sjepl)

$~13 * IN THE HIGH COURT OF DELHI AT NEW DELHI + FAO(OS) (COMM) 118/2018 NATIONAL HIGHWAY AUTHORITY OF INDIA (NHAI) ..... Appellant Through:

Ms. Pinky Anand, ASG with Mr.

A.K. Jain & Mr. Hemant Arya, Advocates versus SHREE JAGANNATH EXPRESSWAYS PVT LTD (SJEPL) ..... Respondent Through:

Mr.

Dayan Krishnan, Senior Advocate with Mr. Rishi Agrawala & Mr. Anuj Malhotra, Advocates

CORAM:

HON'BLE MR. JUSTICE SANJIV KHANNA HON'BLE MR. JUSTICE CHANDER SHEKHAR

O R D E R

% 29.05.2018 CM No.23127/2018 Allowed, subject to all just exceptions.

The application is disposed of.

FAO(OS (Comm) 118/2018, CAV No.530/2018 & CM No.23128/2018 While the matter was being heard, learned Senior Advocate for the respondent, on instructions, states that, without prejudice to their rights and contentions in the peculiar facts of the present case, the respondent is ready and willing to comply with the circular(s) issued by the Niti Aayog for release of 75% of the amount as per the

arbitration award.

In view of the statement made, which will be binding on the respondent, learned Additional Solicitor General states that the appeal may be disposed of. The appeal is disposed of, clarifying that the impugned order shall be treated modified by consent in terms of the statement made by the respondent. Deposit as required would be made by the appellant within a period of ten working days, upon bank guarantee being furnished. There would be no order as to costs. CAV No.530/2018 & CM No.23128/2018 are also disposed of. SANJIV KHANNA, J CHANDER SHEKHAR, J MAY 29, 2018 tp