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National Highways Authority Of India vs Yedeshi Aurangabad Tollway Limited on 5 May, 2025

Author: Sanjay Kumar

Bench: Sanjay Kumar

     ITEM NO.37                              COURT NO.1                 SECTION XIV

                                   S U P R E M E C O U R T O F      I N D I A
                                           RECORD OF PROCEEDINGS

                         Petition for Special Leave to Appeal (C)    No.    12440/2025

     [Arising out of impugned final judgment and order dated 16-01-2025
     in IA No. 32883/2024 passed by the High Court of Delhi at New
     Delhi]

     NATIONAL HIGHWAYS AUTHORITY OF INDIA                                  Petitioner(s)

                                                    VERSUS

     YEDESHI AURANGABAD TOLLWAY LIMITED                                    Respondent(s)

     IA No. 111588/2025 - EXEMPTION FROM FILING O.T. AND                            IA     No.
     111587/2025 - PERMISSION TO FILE LENGTHY LIST OF DATES

     Date : 05-05-2025 This matter was called on for hearing today.

     CORAM :
                             HON'BLE THE CHIEF JUSTICE
                             HON'BLE MR. JUSTICE SANJAY KUMAR

     For Petitioner(s)                 Mr. Sanjay Jain, Sr. Adv.
                                       Mr. Santosh Kumar - I, AOR
                                       Ms. Nidhi Rani, Adv.
                                       Ms. Palak Jain, Adv.
                                       Ms. Harshita, Adv.

     For Respondent(s)                 Mr. Mukul Rohatgi, Sr. Adv.
                                       Mr. Vikram Nankani, Sr. Adv.
                                       Mr. Karan Bharioke, Adv.
                                       Mr. Mahesh Agarwal, Adv.
                                       Ms. Teresa Daulat, Adv.
                                       Mr. Rishir Daulat, Adv.
                                       Mr. Rohan Talwar, Adv.
                                       Mr. E. C. Agrawala, AOR


                              UPON hearing the counsel, the Court made the following
                                                 O R D E R

Issue notice, returnable in the week commencing 18.08.2025.

Mr. E.C. Agrawala, learned counsel, who is present in Court on Digitally signed by babita pandey Date: 2025.05.06 advance notice/caveat, waives service and accepts notice on behalf 19:26:19 IST Reason:

of the sole respondent. Hence, notice need not be served. 1  Counter affidavit, if any, shall be filed within three weeks from today.

Rejoinder affidavit, if any, may be filed within three weeks after service of the counter affidavit/reply. It is submitted on behalf of the respondent that there is another Award under which the parent company of the respondent, namely, IRB Infrastructure Developers Ltd., is liable to pay substantial amount to the petitioner, National Highways Authority of India. Execution proceedings may be kept pending/setoff till the application under Section 34 of the Arbitration and Conciliation Act, 1996 is decided. It will be open to the respondent Yedeshi Aurangabad Tollway Limited, to procure the documents from IRB Infrastructure Developers Ltd. to furnish the said documents to the learned counsel for the petitioner.

Learned counsel for the petitioner shall obtain instructions.

    (BABITA PANDEY)                                       (R.S. NARAYANAN)
      AR-CUM-PS                                         ASSISTANT REGISTRAR




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