Kmc Construction Ltd. And 2 Ors vs Rayalseema Expressway Pvt. Ltd. And Anr on 17 December, 2020

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Bombay High Court

Kmc Construction Ltd. And 2 Ors vs Rayalseema Expressway Pvt. Ltd. And Anr on 17 December, 2020

Bench: G.S. Patel

                                                                       37-CARBPL-8197-2020.DOCX




                   Shephali



                        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                               ORDINARY ORIGINAL CIVIL JURISDICTION
                                      IN ITS COMMERCIAL DIVISION
                     COMM ARBITRATION PETITION (L) NO. 8197 OF 2020



                    KMC Constructions Ltd & Ors                                   ...Petitioners
                          Versus
                    Rayalseema Expressway Pvt Ltd & Anr                         ...Respondents

Mr Venkatesh Dhond, Senior Advocate, with Mr SuryadeepSingh, i/b Prabhakar M Jadhav, for the Petitioner. Mr Janak Dwarkadas, Senior Advocate, with Mr Sharan Jagtiani, Senior Advocate, with Anuj Berry, Deepto Roy, Sourabh Rath, Varnika Mohan, Atika Vaz, Rishabh Sharma and Pragya Sharma, i/b Shardul Amarchand Mangaldas & Co, for Respondents Nos. 1 and 2.

                                              CORAM:          G.S. PATEL, J
                                                              (Through Video Conference)
Shephali
                                              DATED:          17th December 2020
Mormare             PC:-
Digitally signed
by Shephali
Mormare
Date: 2020.12.18
10:17:38 +0530

1. Heard through video conferencing.

2. List the matter on 5th January 2021.

3. An Affidavit in Reply is to be filed and served on or before 21st December 2020.

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17th December 2020 37-CARBPL-8197-2020.DOCX

4. Mr Dhond for the Petitioners expresses an apprehension that unless he is able to draw down at least a part of the amount awarded against the National Highway Authority of India, the Petitioner risks being declared a NPA by 31st December 2020.

5. It will not be possible to hear the matter on this side of the December vacation. I am listing the matter at the earliest convenient date after Court re-opens.

6. I may only request the authorities concerned, including all financial institutions, not to take any precipitate action of declaring the Petitioner an NPA before the end of the day on 5th January 2021. This is not an order; it is only a request, and it is made as an exceptional case and as an indulgence to the Petitioners so that their position is not altered before the Court takes up the matter. Liberty to the Petitioners to communicate a copy of this order, which will be digitally signed, to the authorities concerned.

7. This request is not directed to NHAI to release any amount to the Petitioners.

8. This order will be digitally signed by the Private Secretary of this Court. All concerned will act on production of a digitally signed copy of this order.

(G. S. PATEL, J) Page 2 of 2 17th December 2020

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