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Delhi High Court - Orders

National Highways Authority Of India vs Raiganj-Dalkhola Highways Limited on 27 September, 2023

Author: Sachin Datta

Bench: Sachin Datta

                                    $~24& 25
                                    *    IN THE HIGH COURT OF DELHI AT NEW DELHI
                                    +           O.M.P. (COMM) 53/2022, I.A. 713/2022
                                                NATIONAL HIGHWAYS AUTHORITY OF INDIA..... Petitioner
                                                             Through: Appearance not given.

                                                            versus
                                                RAIGANJ-DALKHOLA HIGHWAYS LIMITED..... Respondent
                                                                                      Through:                 Mr. Dayan Krishnan, Sr. Adv. along
                                                                                                               with Mr. Sameer Parekh, Mr. Sumit
                                                                                                               Goel and Mr. Prateek Khandelwal,
                                                                                                               Advocates.

                                    25
                                    +           O.M.P. (COMM) 245/2022, I.A. 8807/2022, 8810/2022
                                                NATIONAL HIGHWAYS AUTHORITY OF INDIA..... Petitioner
                                                                                      Through:                 Appearance not given.

                                                             versus
                                                RAIGANJ DALKHOLA HIGHWAYS LTD ..... Respondent
                                                                                      Through:                 Mr. Dayan Krishnan, Sr. Adv. along
                                                                                                               with Mr. Sameer Parekh, Mr. Sumit
                                                                                                               Goel and Mr. Prateek Khandelwal,
                                                                                                               Advocates.
                                                CORAM:
                                                HON'BLE MR. JUSTICE SACHIN DATTA
                                                             ORDER

% 27.09.2023 I.A. 709/2022& I.A. 17912/2023 in O.M.P. (COMM) 53/2022

1. I.A. 709/2022 has been filed on behalf of the petitioner under Order 39 Rule 1 & 2 r/w Section 151 Code of Civil Procedure, 1908 seeking stay of the operation of the Arbitral Award dated 07.10.2021; I.A. 17912/2023 This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 28/09/2023 at 02:54:15 has been filed on behalf of the respondent seeking that the petitioner be directed to deposit the awarded amount along with the interest.

2. It is noticed that vide order dated 15.07.2022 the contention of the petitioner was recorded to the effect that the petitioner is willing to deposit the awarded sum, if so directed by the Court. The relevant portion of the said order dated 15.07.2022is reproduced as under:-

"3. For the record, Mr. Varma submits on instructions, that the petitioner is willing to deposit the awarded sum, if so directed by the court, in the application seeking interim stay of operation of the impugned award."

3. In the circumstances, it is directed that till the disposal of present petition there shall be stay on the operation of the impugned Arbitral Award dated 07.10.2021 subject to the petitioner depositing the awarded amount along with the interest (till the date of deposit) within a period of 6 weeks from today.

4. These applications are disposed of in terms of the aforesaid directions. O.M.P. (COMM) 53/2022 O.M.P. (COMM) 245/2022

5. List on 09.01.2024.

SACHIN DATTA, J SEPTEMBER 27, 2023/AT This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 28/09/2023 at 02:54:15