Gayatri Lalitpur Roadways Limited v. National Highways Authority Of India & ANR.

$~8 * IN THE HIGH COURT OF DELHI AT NEW DELHI + O.M.P.(I) (COMM.) 375/2018 GAYATRI LALITPUR ROADWAYS LIMITED ..... Petitioner Through:

Mr. Kaushik Laik with Mr. Angad Mehta, Advs versus NATIONAL HIGHWAYS AUTHORITY OF INDIA & ANR.

..... Respondents Through:

Ms. Soumya Priyadarshinee with Mr.

Mukesh Kumar and Ms. Neetica Sharma, Advs for respondent no. 1 Mr. Sunil Dalal with Mr. Ashish Sharma, Mr. Vivek Jain and Mr.

Manish, Advs for respondent no. 2

CORAM:

HON'BLE MR. JUSTICE RAJIV SHAKDHER

O R D E R

% 21.01.2019 1.

I am informed by counsel for the parties that an Arbitral Tribunal has already been constituted.

2.

In these circumstances, the captioned petition is disposed of with the following directions:

(i) The captioned petition will be placed before the Arbitral Tribunal.

(ii) The Arbitral Tribunal will treat the petition as an application under Section 17 of the Arbitration and Conciliation Act, 1996 (in short "The Act").

O.M.P.(I) (COMM.) 375/2018

(iii) The Arbitral Tribunal will adjudicate upon the instant petition/application and after hearing the parties render its decision. (iv) The interim order dated 27.09.2018 will continue to operate till the Arbitral Tribunal adjudicates upon the petition/application. (v) The Arbitral Tribunal will, however, have liberty to either confirm or vacate, or even modify the order passed by this Court RAJIV SHAKDHER, J JANUARY 21, 2019 c O.M.P.(I) (COMM.) 375/2018