National Highway Authority Of India (Nhai) v. Tn (Dk) Expressways Ltd

$~35 * IN THE HIGH COURT OF DELHI AT NEW DELHI + FAO(OS) (COMM) 194/2018, CM APPL. 34702-34703/2018 NATIONAL HIGHWAY AUTHORITY OF INDIA (NHAI) ..... Appellant Through: Mr. Alok Kumar Jain, Mr. Ashok Gurnani, Advs.

versus TN (DK) EXPRESSWAYS LTD ..... Respondent Through: Mr. Suryadeep Singh, Adv.

CORAM:

HON'BLE MR. JUSTICE S. RAVINDRA BHAT HON'BLE MR. JUSTICE A. K. CHAWLA

O R D E R

% 29.08.2018 This appeal is not maintainable. Learned counsel for the appellant persisted in urging and addressing the court on the merits. Section 37 - as amended by the Commercial Courts Act, 2015, permits appeals only in respect of two specified categories of cases against the orders of the Court and emphasizes that "no other" appeal shall lie. Being a responsible body the NHAI have to be aware of this amendment; the persistence on its part to file the appeal, compels this Court to take appropriate measures.

The appellant may avail other remedies in the circumstances. The appeal is dismissed with cost quantified at `50,000/-. S. RAVINDRA BHAT, J A. K. CHAWLA, J AUGUST 29, 2018/akv