M/S IRB Ahmedabad Vadodara Super Express Tollways Pvt. Ltd. v. National Highways Authority of India

1. The petitioner seeks pre-arbitral interim relief. It is submitted that the Arbitral Tribunal has already been constituted. Mr. Bharihoke, learned Counsel for the petitioner is agreeable to this petition being treated as a Section 17 of the Arbitration and Conciliation Act, 1996 (“the 1996 Act”) application and listed before the learned Arbitral Tribunal for decision.

2. Mr. Tripathi, learned Senior Counsel for the respondent has no OMP (I) (Comm) 200/2024 objection.

3. Without expressing any opinion one way or the other on the merits of this petition, this petition is relegated for decision by the learned Arbitral Tribunal treating it as an application under Section 17 of the 1996 Act, in accordance with law.

4. The petition is disposed of accordingly.

5. The interim direction in para 10 of the order dated 5 June 2024 shall continue to remain in operation and shall abide by the decision of the learned Arbitral Tribunal, treating this petition as an application under Section 17 of the 1996 Act.

6. The petition is disposed of accordingly. I.A. 31698/2024 (interim relief)

7. This application does not survive for consideration and stands disposed of.