Supreme Court - Daily Orders
National Highways Authority Of India vs Irb Ahmedabad Vadodara Super Express ... on 11 September, 2019
Bench: Sanjay Kishan Kaul, K.M. Joseph
ITEM NO.5 COURT NO.10 SECTION IX
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Petition(s) for Special Leave to Appeal (C) No(s). 21315/2019
(Arising out of impugned final judgment and order dated 16-04-2019
in WP No. 3415/2019 passed by the High Court of Judicature at
Bombay)
NATIONAL HIGHWAYS AUTHORITY OF INDIA Petitioner(s)
VERSUS
IRB AHMEDABAD VADODARA SUPER EXPRESS
TOLLWAY PVT. LTD. & ORS. Respondent(s)
(IA No. 119390/2019 - EXEMPTION FROM FILING C/C OF THE IMPUGNED
JUDGMENT)
Date : 11-09-2019 This matter was called on for hearing today.
CORAM :
HON'BLE MR. JUSTICE SANJAY KISHAN KAUL
HON'BLE MR. JUSTICE K.M. JOSEPH
For Petitioner(s) Mr. Tushar Mehta,SG
Ms. Neetica Sharma,Adv.
Mr. Dhruv Naiyar,Adv.
For M/S. M. V. Kini & Associates, AOR
For Respondent(s) Mr. Mukul Rohatgi,Sr.Adv.
Mr. Saurabh Kirpal,Adv.
Mr. Parthiv K.Goswami,Adv.
Ms. Diksha Rai, AOR
Ms. Palak Mahajan,Adv.
Mr. Ishan Bisht,Adv.
Mr. Sarthak Sachdev,Adv.
UPON hearing the counsel the Court made the following
O R D E R
After the impugned order has been passed, recourse to the Arbitration and Conciliation Act, 1996 has been resorted Signature Not Verified to by both sides appointing their respective Digitally signed by ANITA MALHOTRA Date: 2019.09.13 17:59:27 IST Reason: arbitrators. The sitting of the arbitrators is yet to commence.
1 We are also informed that on an application being filed under Section 9 of the said Act by the respondent, the learned Judge of the Delhi High Court vide order dated 6th August, 2019 has given interim protection.
The result of the aforesaid is that the nature of interim protection would be worked out in those proceedings or before the arbitrator.
Learned Solicitor General for the petitioner expresses an apprehension that interim protection granted by the impugned order may be mis-construed as final interim arrangement. We see no reason for such an apprehension as the impugned order clearly enunciates that the interim order would be as per the provisions of Sections 9 and 17 of the said Act and that they had not expressed any view on the merits of the matter as would influence the arbitrator.
The special leave petition is dismissed in the aforesaid terms.
Pending application shall also stand disposed of.
(ANITA MALHOTRA) (ANITA RANI AHUJA)
COURT MASTER COURT MASTER
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