Gvk Jaipur Expressway Private Limited v. National Highways Authority Of India

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + O.M.P.(I) 534/2015 GVK JAIPUR EXPRESSWAY PRIVATE LIMITED ..... Petitioner Through: Mr. Gopal Jain, Senior Advocate with Ms. Chinmayee Chandra and Ms. Astha Gaur, Advocates.

versus NATIONAL HIGHWAYS AUTHORITY OF INDIA ..... Respondent Through: Mr. Arun Batta, Advocate.

CORAM: JUSTICE S.MURALIDHAR

O R D E R

% 22.11.2016 IA No. 20009/2015 (for direction)

1. It is pointed out that the payment in terms of the settlement arrived at between the parties has been made.

2. In that view of the matter, no further orders are called for in this application and it is disposed of as such.

IA No.679/2016 (direction)

3. On 22nd January 2016 this Court declined to pass an interim order. There is no change in the circumstances since then. Accordingly, this Court is not inclined to issue any interim direction at this stage. However, this will not preclude either of the parties from seeking appropriate interim reliefs before the Arbitral Tribunal (AT) in accordance with law. The application is

disposed of.

OMP (I) 534/2015

4. Mr. Gopal Jain, learned Senior counsel appearing for the Petitioner, states that notwithstanding the earlier notice sent to the Respondent invoking the arbitration clause, a fresh notice will be sent to the Respondent to constitute the AT in terms of the contract between the parties not later than ten days from today. The Respondent will, within thirty days from the date of receipt of the said notice, take further steps for constitution of the AT.

5. In the event the Respondent seeks to recover the current demand from the Petitioner in terms of the contract, at least ten days' advance notice shall be given to the Petitioner.

6. The petition is disposed of in the above terms. Order be given dasti. S.MURALIDHAR, J NOVEMBER 22, 2016 Rm