National Highways Authority Of India vs Raiganj-Dalkhola Highways Limited on 15 July, 2022

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Delhi High Court - Orders

National Highways Authority Of India vs Raiganj-Dalkhola Highways Limited on 15 July, 2022

Bench: Anup Jairam Bhambhani

                          $~8
                          *     IN THE HIGH COURT OF DELHI AT NEW DELHI
                          +     O.M.P. (COMM) 53/2022 and I.A. 709/2022 & 713/2022
                                NATIONAL HIGHWAYS AUTHORITY OF INDIA ..... Petitioner
                                             Through: Mr. Arun Kumar Varma, Senior
                                                      Advocate with Mr. Srikant Sharma,
                                                      Advocate.

                                                    versus

                                RAIGANJ-DALKHOLA HIGHWAYS LIMITED          ..... Respondent
                                            Through: Mr.    Dayan      Krishnan,     Senior
                                                     Advocate with Mr. Sameer Parekh,
                                                     Advocate, Ms. Sonali Basu Parekh,
                                                     Advocate, Mr. Sumit Goel, Advocate,
                                                     Ms. Tanya Chaudhry, Advocate, Mr.
                                                     Prateek Khandelwal, Advocate and
                                                     Mr. Sukrit Seth, Advocate.

                                CORAM:
                                HON'BLE MR. JUSTICE ANUP JAIRAM BHAMBHANI
                                                    ORDER

% 15.07.2022 I.A. No.713/2020 (condonation of delay) The delay of 05 days beyond the 03-month period provided under section 34(3) of the Arbitration & Conciliation Act 1996, but within the additional 30 days available under the proviso thereto, supported by sufficient cause as detailed in the application, is condoned.

Application stands disposed of.

Signature Not Verified Digitally Signed By:NEERAJ Signing Date:18.07.2022 OMP (COMM) 53/2022 Page 1 of 2 14:07:17

O.M.P.(COMM.) 53/2022 and I.A. 709/2022 (stay) By way of the present petition under section 34 of the Arbitration & Conciliation Act 1996, the petitioner/National Highways Authority of India impugns arbitral award dated 07.10.2021, whereby, in disputes arising from a Concession Agreement dated 28.06.2010, the respondent/Raiganj-Dalkhola Highways Ltd. has been awarded termination payment of about Rs. 367 crores.

2. Mr. Arun Varma, learned senior counsel for the petitioner has been heard in-part.

3. For the record, Mr. Varma submits on instructions, that the petitioner is willing to deposit the awarded sum, if so directed by the court, in the application seeking interim stay of operation of the impugned award.

4. Mr. Dayan Krishnan, learned senior counsel is present on behalf of the respondent and submits that the issue is squarely covered in the respondent's favour by judgment dated 21.02.2022 rendered by a Co- ordinate Bench of this court in NHAI vs. IRB Goa Tollway Pvt. Ltd. reported as 2022 SCC Online Del 533. Mr. Varma, on the other hand, cites the same judgment in the petitioner's favour.

5. For further arguments, re-notify on 18th August 2022.

ANUP JAIRAM BHAMBHANI, J JULY 15, 2022 Ne Signature Not Verified Digitally Signed By:NEERAJ Signing Date:18.07.2022 OMP (COMM) 53/2022 Page 2 of 2 14:07:17

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