Delhi High Court - Orders
National Highways Authority Of India vs Raiganj-Dalkhola Highways Limited on 24 January, 2024
Author: Anup Jairam Bhambhani
Bench: Anup Jairam Bhambhani
$~23 & 24
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ O.M.P. (COMM) 53/2022 and I.A. 713/2022
NATIONAL HIGHWAYS AUTHORITY OF INDIA ..... Petitioner
Through: Mr. Arun Kr. Varma, Senior
Advocate with Mr. Zeeshan Hashmi,
Mr. Ankit Parashar and Mr. Kashif
Zafar, Advocates.
versus
RAIGANJ-DALKHOLA HIGHWAYS LIMITED .... Respondent
Through: Mr. Dayan Krishnan, Senior
Advocate with Mr. Sumit Goel, Mr.
Jayant Bajaj, Ms. Sreeparna Basak
and Mr. Sreedhar Kale, Advocates.
+ O.M.P. (COMM) 245/2022 and I.A. 8807/2022, I.A. 8810/2022
NATIONAL HIGHWAYS AUTHORITY OF INDIA
..... Petitioner
Through: Mr. Arun Kr. Varma, Senior
Advocate with Mr. Zeeshan Hashmi,
Mr. Ankit Parashar and Mr. Kashif
Zafar, Advocates.
versus
RAIGANJ DALKHOLA HIGHWAYS LTD ..... Respondent
Through: Mr. Dayan Krishnan, Senior
Advocate with Mr. Sumit Goel, Mr.
Jayant Bajaj, Ms. Sreeparna Basak
and Mr. Sreedhar Kale, Advocates.
This is a digitally signed order. O.M.P. (COMM) 53/2022 & Connected matter Page 1 of 3
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 31/01/2024 at 20:34:31
CORAM:
HON'BLE MR. JUSTICE ANUP JAIRAM BHAMBHANI
ORDER
% 24.01.2024 The matters have been received upon being released from 'part-heard' by the Predecessor Bench.
2. Mr. Dayan Krishnan, learned senior counsel appearing for the respondent points-out that orders dated 22.11.2023, 27.09.2023 and 15.07.2022 had required the petitioner to deposit the awarded sum in court. Senior counsel submits however, that till date, those orders have not been complied with, though the respondent has exercised forbearance from executing the award.
3. Mr. Arun Kr. Varma, learned senior counsel appearing for the petitioner on the other hand submits, that as recorded in order dated 22.11.2023, they have impugned order dated 27.09.2023 before the Supreme Court. Upon being queried, Mr. Varma submits, that the SLP is expected to be listed within the next week.
4. Be that as it may, order dated 22.11.2023 clearly records that unless any orders are passed by the Supreme Court which direct otherwise, the directions contained in order dated 27.09.2023 are to be complied with "before the next date of hearing".
5. In the circumstances, there appears to be no justification for the petitioner not to have complied with order dated 27.09.2023, since admittedly, as of date, there is no order by the Supreme Court interdicting such compliance.
6. In the circumstances, while leaving the petitioner to pursue his remedies before the Supreme Court, the petitioner is directed to This is a digitally signed order. O.M.P. (COMM) 53/2022 & Connected matter Page 2 of 3 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 31/01/2024 at 20:34:31 comply with the orders directing deposit of the awarded sum within 02 weeks, unless an order is made by the Supreme Court interdicting such direction.
7. Re-notify on 01st May 2024 at 03:30 p.m. ANUP JAIRAM BHAMBHANI, J JANUARY 24, 2024/ak This is a digitally signed order. O.M.P. (COMM) 53/2022 & Connected matter Page 3 of 3 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 31/01/2024 at 20:34:32