Full Text
HIGH COURT OF DELHI
FAO(OS) (COMM) 127/2020 & C.M.Nos. 26371-26373/2020
GMR AMBALA CANDHIGARH EXPRESSWAYS PVT. LTD. ...... Appellant
Through: Mr.Kailash Vasudev,Sr.Advocate with Mr.AtulSharma, Mr.Milanka
Chaudhury,Mr.Sarojanand Jha, Mr.Siddharth Mehra,Ms.Abhilasha
Singh andMr.Dipan Sethi, Advocates.
Through: Ms.Maninder Acharya, Sr.Advocate with Mr.Suman Jyoti Khaitan, Mr.NubairAlvi, Mr.Viplav Acharya, Mr.Krishnesh Bapat,Mr.Shikhar
Kishore, Advocates with Mr.Ashok Tripathi, Legal Advisor,NHAI, Mr.Pradeep Atri,PD-PIU, Chandigarh,NHAI, Mr.Dheeraj
Upadhyay,Legal Department, NHAI and Mr.Navneet Gupta,NHAI.
GMR AMBALA CANDHIGARH EXPRESSWAYS PVT. LTD. ......Appellant
Through: Mr.Abhishek Manu Singhvi, Sr.Advocate with Mr.Atul Sharma, Mr.Milanka Chaudhury, Mr.SarojanandJha, Mr.Siddharth
Mehra, Ms.Abhilasha Singh and Mr.Dipan Sethi,Advocates.
Through: Ms.Maninder Acharya, Sr.Advocate with Mr.Suman Jyoti Khaitan, Mr.NubairAlvi, Mr.Viplav Acharya, Mr.Krishnesh Bapat,Mr.Shikhar
Kishore, Advocates with Mr.Ashok Tripathi, Legal Advisor,NHAI, Mr.Pradeep Atri,PD-PIU, Chandigarh,NHAI, Mr.Dheeraj
Upadhyay,Legal Department, NHAI and Mr.Navneet Gupta,NHAI.
Date of Decision: 20th October,2020
HON'BLE MR. JUSTICE SANJEEV NARULA
JUDGMENT
1. The appeals have been heard by way of video conferencing.
2. In view of the earlier Division Bench judgment of this Court in Nussli Switzerland Ltd. Vs. Organizing Committee Commonwealth Games, 2010, 2014 SCC OnLine Del 4834 as well as that of the Bombay High Court in Dirk India Private Limited Vs. Maharashtra State Electricity Generation Company Limited,2013 SCC OnLine Bom 481, which have held that a party whoseclaim has been rejected by the Arbitral Tribunal cannot maintain a Section 9 application for an interim relief, the present appeals along with pending applications are dismissed.
3. However, learned senior counsel for the appellants state that the appellants intend to approach theSupreme Court against this judgment as well as the orders dated 24th September,2020 passed by a learned Single Judge of this Court dismissing the appellants’ applications being I.A.Nos.8412/2020 and8417/2020 under Section 36 of the Arbitration Act. Accordingly, theystate that the respondents be directed not to take any coercive action for a period of three weeks,as otherwise theprayer of the appellants for interim relief would become infructuous.
4. Keeping in view theaforesaid,it is directed that the respondents shall not take any coercive action against the appellants for a period of three weeks on account of the impugned orders passed by the learned Single Judge.
5. The order be uploaded on the websiteforthwith.Copy of the order be also forwarded to the learned counsel through e-mail. MANMOHAN, J SANJEEV NARULA, J OCTOBER 20, 2020 KA