Full Text
Petitioner VETSUS NATIONAL HIGHWAY AUTHORITY OF INDIA ..... Respondent
Through: Mr Mukesh Kumar & Ms Padma Priya, Advs. with Mr Samumder Singh, G.M., NHAI. o.M.P. 779t2011
GAMMON INDIA LTD ..... Petitioner
Through: Mr Anurag Sharma, Adv. VETSUS NATIONAL HIGHWAY AUTHORITY OF INDIA ..... Respondent
Through: Mr Mukesh Kurnar & Ms Padma Priya, Advs. with Mr Samumder Singh, G.M., NHAI.
25.tt.2013
ORDER
1. Learned counsels for the parties are agreed that the captioned petitions can be disposed of with the following agreed directions:
(i) In view of the fact that an arbitral tribunal has been constituted and has comrnenced the proceedings, the captioned petitions be placed before the said tribunal, which would treat the same as an application under o.M.P. 77 81201 | & 7791201 | Page I of[3] 2013:DHC:7117 \2 Section 17 of the Arbitration & Conciliation Act, 1996 (in short the Act).
(ii) Pending the disposal of the captioned petitions/ applications by the arbitral tribunal, the interim order dated 18.10.2011, passed in captioned matters, would continue to operate subject to the petitioner keeping the bank guarantees in issue alive.
(iii) Parties shall be free to prefer their claims and counter-clairns, if any, before the arbitral tribunal.
2. The petitions are, accordingly, disposed of in terms of conditions, agreed to above.
3. Learned counsel for the respondent, however, says that though a reply has been filed in this court, there is an inadvertent error in its reply and, therefore, he should be either allowed to correct the same or file a fresh reply before the arbitral tribunal.
4. Learned counsel for the petitioner says that he rnay also be given liberly to file a rejoinder.
5. I am sure, the arbitral tribunal will ernploy one of two alternatives, i.e., either give the respondent an opportunity to correct the reply or file a fresh reply in the captioned petitions/ applications. In so far as the petitioner is concerned, its request for rejoinder, if any, will be suitably considered by the arbitral tribunal before proceeding further in respect of the petitions/ applications.
6. Needless to say, parties will be free to prefer their clairns and counterclaims, if any, as indicated above. The arbitral tribunal shall, dispose of the salne, in accordance with law.
7. In so far as the petitioner's request for continuation of interirn:order is o.M.P. 778/20t 1 & 779/201 | Page 2 of[3] rt{ directed in both in issue concerned, pending the disposal of the petitions/ applications; it is that the interirn order dated 18.10.2011, shall continue to operate, matters, subject to the petitioner keeping the two bank guarantees alive.
8. Ihe petitions ate, accordingly, disposed of. Ol '/^,rlt^tttl \, RAJIV SHAKDHER, J NOVEMBER 25,2013 ld(