Indian Kanoon - Search engine for Indian Law

Delhi High Court - Orders

National Highways Authority Of India vs Nk Toll Road Ltd on 25 August, 2022

Author: Rajiv Shakdher

Bench: Rajiv Shakdher

              $~32
              *    IN THE HIGH COURT OF DELHI AT NEW DELHI

              +             FAO(OS) (COMM) 113/2017 & CM APPL. 19315/2017, 27230/2021

                            NATIONAL HIGHWAYS AUTHORITY OF INDIA ..... Appellant
                                         Through: Mr S. Nanda Kumar with Ms Deepika,
                                                  Advocates.
                                         versus

                            NK TOLL ROAD LTD                                  ..... Respondent
                                         Through:            Mr Jayant Mehta, Sr Advocate with Mr
                                                             Nikhil Chawla, Mr Hasan Murtaza,
                                                             Aditya Panda, Sameer Sharma.
                            CORAM:
                            HON'BLE MR. JUSTICE RAJIV SHAKDHER
                            HON'BLE MS. JUSTICE TARA VITASTA GANJU
                                          ORDER

% 25.08.2022 [Physical Hearing/Hybrid Hearing (as per request)]

1. No time left. It is already 5.30 P.M.

2. We may note that Mr. S. Nanda Kumar, who appears on behalf of the appellant/ NHAI, says that compliance of the directions contained in the interim order dated 04.09.2017 has been made i.e., the amount, as directed, has been paid, subject to which the operation of the impugned award had been stayed. 2.1. Mr Jayant Mehta, learned senior counsel, who appears on behalf of the respondent, does not dispute this position.

3. However, Mr Mehta says that under the award, approximately Rs. 116 crores are payable. It is Mr Mehta‟s submission that the Arbitral Tribunal has quantified this amount as payable to the respondent, after applying clause 31.2 of the subject contract.

3.1. This aspect will be examined once the appeal is taken up for adjudication.

4. The interim order dated 04.09.2017 is made absolute during the pendency of the appeal.

4.1. CM APPL. 19315/2017 is, accordingly, disposed of.

5. Counsel for the parties will file their written submissions, not exceeding three pages each, at least five days before the next date of hearing.

6. List the matter on 15.02.2023, at 3.30 PM.

RAJIV SHAKDHER, J TARA VITASTA GANJU, J AUGUST 25, 2022/sk Click here to check corrigendum, if any FAO(OS) (COMM) 113/2017 2/2 Signature Not Verified Digitally Signed By:PREM MOHAN CHOUDHARY Signing Date:31.08.2022 18:28:54