M/S Feedback Infra Pvt. Ltd vs National Highways And Infrastructure ... on 22 May, 2023

[Cites 4, Cited by 0]

Delhi High Court - Orders

M/S Feedback Infra Pvt. Ltd vs National Highways And Infrastructure ... on 22 May, 2023

Bench: Navin Chawla

                             $~33
                             *    IN THE HIGH COURT OF DELHI AT NEW DELHI
                             +    O.M.P.(I) (COMM.) 163/2023
                                  M/S FEEDBACK INFRA PVT. LTD.             ..... Petitioner
                                                 Through: Mr.Rajshekhar Rao, Sr. Adv.
                                                             with Mr.Rajiv R. Raj, Adv.
                                                 versus

                                       NATIONAL HIGHWAYS AND INFRASTRUCTURE
                                       DEVELOPMENT CORPORATION           ..... Respondent
                                                    Through: Mr.Vidur Sikka, Adv. along
                                                             witth Mr.Abhishek Namdev,
                                                             AR

                                       CORAM:
                                       HON'BLE MR. JUSTICE NAVIN CHAWLA
                                                    ORDER

% 22.05.2023 I.A. 10013/2023 (Exemption)

1. Allowed, subject to all just exception.

I.A. 10014/2023

2. This application has been filed by the petitioner seeking leave to file lengthy synopsis and list of dates.

3. Leave is granted and the synopsis and list of dates are taken on record.

4. The application stands disposed of.

O.M.P.(I) (COMM.) 163/2023

5. Issue notice.

6. Notice is accepted by Mr.Vidur Sikka, the learned counsel for the respondent.

7. Reply be filed within a period of four weeks from today. Rejoinder thereto, if any, be filed within a period of two weeks thereafter.

8. Placing reliance on Clause 2.9.6 of the General Conditions of Contract attached to the Contract Agreement dated 18.10.2016 executed between the parties, and the orders passed by this Court in 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 24/09/2023 at 19:46:44 M/s Eptisa Servicios De Ingeniera S.L. v. National Highways and Infrastructure Development Corporation Ltd., 2018:DHC:6823; Egis India Consulting Engineers Pvt. Ltd. v. Pawan Hans Ltd., (order dated 29.04.2021 passed in OMP(I)(COMM) 148/2021) and M/s TPF Engineering Pvt. Ltd. & Anr. v. Union of India & Ors. (order dated 17.06.2022 passed in OMP(I)(COMM) 198/2022), the learned senior counsel for the petitioner submits that as the petitioner has already challenged the allegations of the respondent that circumstances under Clause 2.9.1 (a) have arisen for termination of the Agreement, and has also invoked arbitration, the impugned termination notice cannot be given effect.

9. He, however, fairly submits that as far as the claim of invocation of the bank guarantee is concerned, the petitioner reserves its right to take appropriate remedy in case the bank guarantee is invoked by the respondent.

10. On the other hand, the learned counsel for the respondent submits that the petitioner has concealed from this Court that on the Writ Petition filed by the petitioner challenging the termination notice of the respondent, being WP(C) 2960/2023, titled Feedback Infra Pvt. Ltd. v. National Highways and Infrastructure Development Corporation Ltd, a Coordinate Bench of this Court had passed only a limited order of protection as under:

"7. Considering the nature of the matter, the Court at the prima facie stage, is inclined to only direct that the impugned termination notice dated 1st February, 2023 would not affect any ongoing projects which the Petitioner is executing for the Respondent."

11. He submits that though the petitioner has disclosed the filing of this petition and withdrawal thereof, the petitioner has not disclosed the above interim order.

12. In view of the above concealment, in my opinion, the petitioner 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 24/09/2023 at 19:46:44 would not have been entitled to any relief in the present petition. However, to balance the equities between the parties, especially keeping in view the orders that have been referred hereinabove, the petitioner is granted the interim protection in terms of order dated 15.03.2023 passed in WP(C) 2960/2023, which has been reproduced herein above.

13. List on 11th September, 2023.

NAVIN CHAWLA, J MAY 22, 2023/Arya Click here to check corrigendum, if any 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 24/09/2023 at 19:46:44

Unlock Advanced Research with PRISMAI

Delhi High Court - Orders