Delhi High Court - Orders
National Highways Authority Of India vs Hcc Infrastructure Company Limited on 11 March, 2026
Author: Subramonium Prasad
Bench: Subramonium Prasad
$~58
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ O.M.P. (COMM) 53/2022
NATIONAL HIGHWAYS AUTHORITY OF INDIA .....Petitioner
Through: Mr. Arun Kumar Verma, Sr.
Advocate along with Mr. Zeeshan
Hashmi, Ms. Mitali Yadav, Mr.Ankit
Parashar, Advs.
versus
HCC INFRASTRUCTURE COMPANY LIMITED .....Respondent
Through: Mr. Dayan Krishnan, Sr. Adv, Mr.
Sameer Parekh, Mr. Sumit Goel, Mr.
Jayant Bajaj, Ms. Ruchi Krishna
Chauhan and Mr. Shreedhar Kale,
Advocates
CORAM:
HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD
ORDER
% 11.03.2026 I.A. 5324/2026
1. This is an application on behalf of the Respondent seeking extension of time for withdrawal of the amount deposited by the Petitioner before this Court.
2. The challenge in this petition is to an Award dated 07.10.2021. When the matter came up for hearing on 15.07.2022, learned Counsel for the Petitioner gave a statement that the Petitioner is willing to deposit the entire awarded amount in Court as a condition precedent for grant of stay.
3. This Court accepted the said proposal and passed an Order dated O.M.P. (COMM) 53/2022 Page 1 of 4 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 17/03/2026 at 20:45:33 27.09.2023 staying the enforcement of the award, subject to the Petitioner depositing the said amount with the Registry of this Court. The said amount was deposited by the Petitioner on 07.02.2024.
4. Thereafter, the Respondent filed I.A. No. 39964/2024 seeking permission to withdraw the said amount deposited with this Court by the Petitioner. Permission was granted by this Court vide Order dated 20.09.2024. Paragraph 5 of the said Order reads as under:-
"5. Having heard learned counsel for the parties, the application is disposed of with the following directions:
A. The respondent is permitted to withdraw the amount deposited by NHAI, alongwith interest accrued thereupon, subject to furnishing a bank guarantee for 1.2 times the amount proposed to be withdrawn. The additional amount of the bank guarantee will act as a buffer to account for interest upon the amount withdrawn, in the event the petitioner is ultimately successful in its challenge to the award. This is particularly necessary, having regard to the fact that the respondent is a special purpose vehicle which is no longer operational. The amount to be released will be remitted by the Registry to the bank account of the respondent mentioned in paragraph 10 of the application.
B. The guarantee may be furnished by the parent company or a group company of the respondent, but will be accompanied by a board resolution of the company at whose instance the guarantee is offered. The guarantee and the board resolution must be to the satisfaction of the learned Registrar General.
C. Having regard to the quantum involved, the respondent is permitted to withdraw the amount in O.M.P. (COMM) 53/2022 Page 2 of 4 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 17/03/2026 at 20:45:33 tranches over a period of the next six months. The amount to be released in each tranche will be computed in accordance with the directions passed above.
D. In the event a substantial amount remains in the Registry and has not been released to the respondent within a period of six months, it is open to the parties to apply for further interim directions, which may be considered on merits at that stage, if necessary."
5. However, an application for modification of the Order dated 20.09.2024 was filed by the Respondent qua the direction to the Respondent to furnish a bank guarantee equal to 1.2 times of the amount being withdrawn.
6. The Order dated 20.09.2024 has been modified by the Order dated 05.11.2024 by which the Respondent was permitted to withdraw the amount deposited in Court by giving equivalent bank guarantee to the amount proposed to be withdrawn.
7. Thereafter, this Court vide Order dated 14.05.2025, extended the time period for a further period of six months for the Petitioner to withdraw the said amount on furnishing equivalent bank guarantee.
8. By way of the present application, it is now stated by the Respondent that they were facing some difficulty in getting the bank guarantees to withdraw the said amount. It is stated by the Respondent that they have now got a bank guarantee for Rs.55.82 crores and two letters of assurance that they would get the bank guarantee for the said amount.
9. Keeping the spirit of the said Order, time is extended by another six months. Let the requisite bank guarantees be furnished by the Respondent O.M.P. (COMM) 53/2022 Page 3 of 4 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 17/03/2026 at 20:45:33 before this Court on or before 11.09.2026 enabling the Respondent to withdraw the amount as directed by this Court vide Order dated 05.11.2024.
10. The application is disposed of.
SUBRAMONIUM PRASAD, J MARCH 11, 2026 hsk O.M.P. (COMM) 53/2022 Page 4 of 4 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 17/03/2026 at 20:45:33