Atlanta Limited v. National Highways & Infrastructure Development Corporation Limited & ORS.

$~25 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ OMP (I) (COMM.) 266/2016 M/S. ATLANTA LIMITED ..... Petitioner Through:

Mr. Jayant Bhushan, Mr. C.M.

Shroff and Ms. Ankita Bhadouriya, Advocates versus NATIONAL HIGHWAYS & INFRASTRUCTURE DEVELOPMENT CORPORATION LIMITED & ORS.

..... Respondents Through:

Mr. Mukesh Kumar, Advocate with for respondent No.1-NHIDC with Mr. K.G. Bhatt, DGM

CORAM:

HON'BLE MR. JUSTICE SUNIL GAUR

O R D E R

% 17.06.2016 I.As.7667 & 7668 of 2016 (Exemption) Allowed subject to all just exceptions.

OMP (I) (COMM.) 266/2016 Termination Notice of 8th June, 2016 has been issued by second respondent.

Learned senior counsel for petitioner submits that second respondent has no authority to issue such a notice under the Engineering, Procurement and Construction Agreement (EPC Agreement) of 11th February, 2016.

OMP (I) (COMM.) 266/2016

Notice.

Mr. Mukesh Kumar, Advocate, accepts notice on behalf of respondents and submits on instructions from Mr. K.G. Bhatt that without prejudice to the rights of respondents, the impugned Termination Notice will not be acted upon and recourse to law would be made as per the EPC Agreement in question.

In view of the stand taken as aforesaid, this petition is disposed of as infructuous. Needless to say, if the first respondent chooses to take any action relating to the Agreement in question, petitioner would have remedies as available in law.

(SUNIL GAUR) VACATION JUDGE JUNE 17, 2016 s OMP (I) (COMM.) 266/2016