Delhi High Court - Orders
Agroh Kodinar Veraval Highways Pvt. Ltd vs National Highways Authority Of India on 2 May, 2022
Author: Vibhu Bakhru
Bench: Vibhu Bakhru
$~50
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ O.M.P.(I) (COMM.) 136/2022 & I.A. 6727/2022
AGROH KODINAR VERAVAL HIGHWAYS PVT.
LTD. ..... Petitioner
Through: Dr. Amit George, Mr. Abhishek
Gupta, Mr. Suyash Gupta, Mr.
Mukesh Kumar, Ms. Meenakshi
Sood, Mr. P Harold, Mr. Amol
Acharya & Mr. Rayadurgam, Advs.
versus
NATIONAL HIGHWAYS AUTHORITY OF
INDIA ..... Respondent
Through: Mr. Bharat Singh, Adv.
CORAM:
HON'BLE MR. JUSTICE VIBHU BAKHRU
ORDER
% 02.05.2022
1. Issue notice.
2. The learned counsel for the respondent accepts notice.
3. The petitioner has filed the present petition under Section 9 of the Arbitration and Conciliation Act, 1996 (hereafter 'the A&C Act'), inter alia, praying that the respondent be restrained from taking any coercive or precipitative action in terms of the communication dated 07.04.2022. The perusal of the said communication indicates that the respondent had cautioned the petitioner that if it failed to fulfil its 'commitment to complete the 27 km PQC work by 30.04.2022', the respondent would be forced to terminate the Concession Agreement along with any other related agreement by issuing a termination notice in terms of Clause 31.1.2 of the Concession Agreement. It is the petitioner's case that the respondent does not own Signature Not Verified Digitally Signed By:Dushyant Rawal Signing Date:04.05.2022 and/or possess the unencumbered stretch of 27 kms of land on which the petitioner is called upon to execute certain works.
4. The learned counsel for the respondent disputes the same. He states that there is no impediment in the petitioner executing the works on the said stretch of 27 kms of land. He requests further time to file a reply to the petition. Let the same be filed within a period of one week from today.
5. The said reply shall be affirmed and supported by the affidavit of the concerned Project Director. He shall also specifically affirm whether the respondent has unhindered/unencumbered possession of the site/ROW.
6. List on 19.05.2022.
7. Dasti under the signature of Court Master.
VIBHU BAKHRU, J
MAY 2, 2022
Ch Click here to check corrigendum, if any
Signature Not Verified
Digitally Signed
By:Dushyant Rawal
Signing Date:04.05.2022