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

$~5 * IN THE HIGH COURT OF DELHI AT NEW DELHI + O.M.P.(I) (COMM.) 376/2018 GAYATRI JHANSI 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.

Shubham Saxena, Advs for respondent no. 1 Mr. Santosh Kumar Rout, Adv for respondent no. 2

CORAM:

HON'BLE MR. JUSTICE RAJIV SHAKDHER

O R D E R

% 23.01.2019 1.

I have been informed by counsel for the parties that Arbitral Tribunal has been constituted.

2.

In these circumstances, the captioned petition is disposed of with the following directions:- (i) The Arbitral Tribunal will adjudicate upon the instant petition by treating the same as the one filed under Section 17 of the Arbitration and Conciliation Act, 1996 ( in short " The Act"). (ii) Pending adjudication, the interim order passed by this Court dated 27.09.2018 will continue to operate.

O.M.P.(I) (COMM.) 376/2018

(iii) The Arbitral Tribunal, will however, have the liberty to either confirm, vacate or even modify the order dated 27.09.2018, albeit, after giving due opportunity to both sides.

3.

No costs.

RAJIV SHAKDHER, J JANUARY 23, 2019 c O.M.P.(I) (COMM.) 376/2018