Delhi High Court - Orders
National Highways Authority Of India vs Mbl Infrastructures Limited on 26 September, 2022
Author: Prateek Jalan
Bench: Prateek Jalan
$~3
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ O.M.P. (T) (COMM.) 83/2022 & I.A. 12968/2022.
NATIONAL HIGHWAYS
AUTHORITY OF INDIA ..... Petitioner
Through: Mr. Gopal Singh, Advocate.
versus
MBL INFRASTRUCTURES LIMITED ..... Respondent
Through: Ms. Anusuya Salwan, Ms. Nikita
Salwan, Mr. Bankim Garg, Mr.
Rachit Wadhwan, Advocates.
CORAM:
HON'BLE MR. JUSTICE PRATEEK JALAN
ORDER
% 26.09.2022
1. The issues raised in this petition under Section 14 of the Arbitration and Conciliation Act, 1996 ["the Act"], have been settled by the Supreme Court in its judgment in Oil and Natural Gas Corporation Ltd. vs. Afcons Gunanusa JV [judgment dated 30.08.2022 in Arbitration Petition (Civil) No. 05 of 2022].
2. In view of the aforesaid judgment, Mr. Gopal Singh, learned counsel for the petitioner, submits that the petitioner will approach the arbitral tribunal for re-computation of its fees in accordance with the judgment of the Supreme Court in Afcons (supra), both on the issue of the counter claim and on the issue of the ceiling provided under Schedule IV of the Act. However, Mr. Singh reserves liberty to approach this Court, if Signature Not Verified Digitally signed O.M.P. (T) (COMM.) 83/2022 Page 1 of 2 By:SHITU NAGPAL Signing Date:27.09.2022 12:47:52 the need arises.
3. Ms. Anusuya Salwan, learned counsel for the respondent, is agreeable to the aforesaid course of action.
4. The petition, alongwith the pending application, is therefore disposed of, with liberty to the petitioner to approach the arbitral tribunal for necessary directions. The right of the parties to approach the Court, if the need arises, is reserved.
PRATEEK JALAN, J SEPTEMBER 26, 2022 'Bhupi'/ Click here to check corrigendum, if any Signature Not Verified Digitally signed O.M.P. (T) (COMM.) 83/2022 Page 2 of 2 By:SHITU NAGPAL Signing Date:27.09.2022 12:47:52