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$-28 HIGH COURT OF DELHI
FAO(OS) 558/2013
GVK SHIVPURIDEVAS EXPRESSWAYS PVT LTD , ^ Appellant rhrough: Mr Gopal Jain and Mr Gaurav Singh, Advocate.
FAO(OS) 558/2013
GVK SHIVPURIDEVAS EXPRESSWAYS PVT LTD , ^ Appellant rhrough: Mr Gopal Jain and Mr Gaurav Singh, Advocate.
VERSUS
NATIONAL fflGHWAYS AUTHORITY OF INDIA Respondent
Through: MrSandeep Sethi, Sr. Adv. with Ms Padma Priya & Mr Mukesh
Kumar, Advocates.
Through: MrSandeep Sethi, Sr. Adv. with Ms Padma Priya & Mr Mukesh
Kumar, Advocates.
CORAM:
HON'BLE MR. JUSTICE BADAR DURREZ AHMED
HON'BLE MR. JUSTICE VIBHU BAKHRU
02.12.2013 CMNo. 19136/2013rExempfinn^ Iheexemption is allowed subject to all just exceptions.
FAOrOS^ 558/2013 This appeal is directed against the order dated 26.11.2013 passed by a learned Single Judge ofthis Court in lA No. 18289/2013 in O.M.P. 10/2013.
The learned counsel for the appellant after some arguments states that he has instruction to withdraw this appeal. He, however, submitted that the time for furnishing the new bank guarantee or renewing the existing bank guarantee no. 0008BG00043813 dated 07.07.2012 for an amount of Rs.140.75 crores be extended by further three weeks instead ofthe period ofone week given by the learned Single Judge. The appellant undertakes to furnish the new bank guarantee or renew the said hank guarantee for the said amount within
2013:DHC:7027-DB three weeks from today.
In view of the aforesaid undertaking, the appellant is given liberty to furnish the new bank guarantee or renew the said bank guarantee within three weeks from today.
An undertaking, in the form of an affidavit, shall be filed on behalfof the appellant by a person who is duly authorised by the board of the appellant company, within a week. In case the undertaking by way of affidavit, is not filed within the stipulated time or in case the bank guarantee as undertaken is not furnished within three weeks from today, the order dated 07.01.2013 shall stand vacated, automatically.
It is clear that the aforesaid undertakings are, of course, without prejudice to the rights and contentions of the parties in the arbitral proceedings.
Before parting with this order, we would like to record the statements of the learned counsels for the parties. The learned counsel for the appellant states, on instructions, that the mediation process which they were undergoing with the respondent is over. Mr Sandeep Sethi, Sr. Advocate appearing on behalf of National Highway Authority of India states, on instructions, that this being so, the Arbitrator would be named by them within a week. He also requests this court to issue a direction that the two
Arbitrators, one already named by the appellant and one to be named by the respondent (National Highway Authority of India) within a week, should within a week thereafter name the third Ai-bitrator, so that the Arbitral
Tribunal can take up the proceedings on the claim thatmay be preferred by either ofthe parties. We direct accordingly.
In view ofthe foregoing, the appeal is dismissed as withdrawn.
BADAR DURREZ AHMED, J VIBHUBAKHRU, J DECEMBER 02, 2013
RK
HON'BLE MR. JUSTICE VIBHU BAKHRU
02.12.2013 CMNo. 19136/2013rExempfinn^ Iheexemption is allowed subject to all just exceptions.
FAOrOS^ 558/2013 This appeal is directed against the order dated 26.11.2013 passed by a learned Single Judge ofthis Court in lA No. 18289/2013 in O.M.P. 10/2013.
The learned counsel for the appellant after some arguments states that he has instruction to withdraw this appeal. He, however, submitted that the time for furnishing the new bank guarantee or renewing the existing bank guarantee no. 0008BG00043813 dated 07.07.2012 for an amount of Rs.140.75 crores be extended by further three weeks instead ofthe period ofone week given by the learned Single Judge. The appellant undertakes to furnish the new bank guarantee or renew the said hank guarantee for the said amount within
2013:DHC:7027-DB three weeks from today.
In view of the aforesaid undertaking, the appellant is given liberty to furnish the new bank guarantee or renew the said bank guarantee within three weeks from today.
An undertaking, in the form of an affidavit, shall be filed on behalfof the appellant by a person who is duly authorised by the board of the appellant company, within a week. In case the undertaking by way of affidavit, is not filed within the stipulated time or in case the bank guarantee as undertaken is not furnished within three weeks from today, the order dated 07.01.2013 shall stand vacated, automatically.
It is clear that the aforesaid undertakings are, of course, without prejudice to the rights and contentions of the parties in the arbitral proceedings.
Before parting with this order, we would like to record the statements of the learned counsels for the parties. The learned counsel for the appellant states, on instructions, that the mediation process which they were undergoing with the respondent is over. Mr Sandeep Sethi, Sr. Advocate appearing on behalf of National Highway Authority of India states, on instructions, that this being so, the Arbitrator would be named by them within a week. He also requests this court to issue a direction that the two
Arbitrators, one already named by the appellant and one to be named by the respondent (National Highway Authority of India) within a week, should within a week thereafter name the third Ai-bitrator, so that the Arbitral
Tribunal can take up the proceedings on the claim thatmay be preferred by either ofthe parties. We direct accordingly.
In view ofthe foregoing, the appeal is dismissed as withdrawn.
BADAR DURREZ AHMED, J VIBHUBAKHRU, J DECEMBER 02, 2013
RK
JUDGMENT