M/S Eagle Deep Trichy Bypass Tollways India Pvt. Ltd v. National Highway Authority Of India & ANR.

$~35 * IN THE HIGH COURT OF DELHI AT NEW DELHI + O.M.P.(I) (COMM.) 293/2018 M/S EAGLE DEEP TRICHY BYPASS TOLLWAYS INDIA PVT. LTD ..... Petitioner Through Mr. Rakesh Khanna, Sr. Adv with Mr. Ajay Kumar Vali, Mr. A.P. Singh and Mr. Tuhink Bhaskar Vali, Advs.

versus NATIONAL HIGHWAY AUTHORITY OF INDIA & ANR.

..... Respondents Through Mr. Ankur Mittal, Mr. Abhay Gupta and Ms. Nidhi Mittal, Advs for R1/NHAI.

Mr. Arun Aggarwal, Adv for R2/Dena Bank.

CORAM:

HON'BLE MR. JUSTICE RAJIV SHAKDHER

O R D E R

% 20.07.2018 I.A. No.9417/2018 Allowed, subject to just exceptions.

O.M.P.(I) (COMM.) 293/2018 Issue notice.

2.1 Mr.Mittal accepts notice on behalf of respondent No.1/NHAI. Mr. Arun Aggarwal accepts notice on behalf of respondent No.2 Bank.

Mr. Mittal says in view of the assertions made by the learned senior counsel, appearing for the petitioner, that pre-conciliation meetings are on and that, admittedly, no invocation has taken place, O.M.P.(I) (COMM.) 293/2018

as yet, qua the subject bank guarantees, the instant petition is premature. Mr. Mittal further states, in case pre-conciliation proceedings or conciliation proceedings are concluded hereafter, at least 10 days notice would be given by respondent No.1/ NHAI, in the event, it intends to invoke the subject bank guarantees. In view of the aforesaid circumstances obtaining in the matter, petition is disposed of with the direction that respondent No.1/NHAI will give at least 10 days prior written notice to the petitioner in case it intends to invoke the subject bank guarantees. RAJIV SHAKDHER, J JULY 20, 2018 O.M.P.(I) (COMM.) 293/2018