Barasat Krishnagar Expressways Limited, v. National Highways Authority Of India & ORS.

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI 40.

+ O.M.P.(I) (COMM.) 74/2015 BARASAT KRISHNAGAR EXPRESSWAYS LIMITED ..... Petitioner Through: Mr. Amitabh Chaturvedi, Mr. Jeevesh Nagrath and Mr. Sumit Kumar Shukla, Advocates. versus NATIONAL HIGHWAYS AUTHORITY OF INDIA & ORS.

..... Respondents Through: Ms. Gunjan Sinha Saini, Advocate.

CORAM: JUSTICE S. MURALIDHAR

O R D E R

% 05.10.2016 O.M.P.(I) (COMM.) 74/2015 & IA Nos. 9795/2016 & 10069/2016

1. It appears that the Arbitral Tribunal („AT‟) is seized of the arbitration proceedings. The Petitioner has filed an application before the AT seeking an interim award. There is an application filed by the Respondents in this petition seeking permission to encash the bank guarantee.

2. The bank guarantee in question has been kept alive pursuant to the order passed by this Court on 23rd December, 2015.

3. It is accordingly ordered that the interim order passed by this Court on 23rd December, 2015 will continue till such time the AT modifies or varies the order in accordance with law. A complete set of the present petition and

applications will be filed before the AT as such and be treated as applications under Section 17 of the Arbitration and Conciliation Act, 1996. The AT will proceed to dispose of the said applications in accordance with law.

4. The petition and the pending applications are disposed of in the above terms.

S. MURALIDHAR, J OCTOBER 05, 2016 dn