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HIGH COURT OF DELHI
JUDGMENT
M/S BGR MINING & INFRA LTD ..... Appellant
Through: Mr. Jayant Bhushan, Sr. Adv. with Ms. Priya Kumar, Mr. Adhish Srivastava and Mr. Tejas Chhabra, Advs.
Through: Mr. Tushar Mehta, SG with Mr. Puneet Taneja, Mr. Kanu Agarwal, Ms. Shaheen and Ms. Laxmi Kumari, Advs. for NTPC
HON'BLE MR. JUSTICE V. KAMESWAR RAO
Exemption allowed subject to all just exemption.
Application stands disposed of.
CM No. 5411/2019 (permission to file lengthy synopsis)
For the reasons stated in the application, the same is allowed and disposed of.
1. This Intra-Court appeal has been filed by M/S BGR Mining & Infra Ltd the challenging the judgment dated January 2019:DHC:1058-DB 21, 2019 passed by the learned Single Judge in W.P.(C) NO. 463/2018 where the learned Single Judge has allowed the writ petition and directed the appellant NTPC to hold ‘Good Faith Discussions’ with the respondent herein in terms of Clause 23.[1] (b) of the Project Agreement, which shall also be construed as compliance of Clause 24.4(c) of the said Agreement.
2. The challenge in this appeal is limited to the extent that the direction that the discussion under Clause 23.1(b) shall be construed as compliance with Clause 24.4(c) of the Project Agreement. Suffice it to state, we have upheld the directions given by the learned Single Judge in two appeals filed by the NTPC being LPA 57/2019 and LPA 61/2019. Having upheld the said directions, the challenge at the behest of the appellant to the limited extent also deserves to be rejected as no prejudice is caused to the appellant by such directions, as the discussion under both the provisions can take place in one sitting. We do not find any merit in the appeal. The appeal is dismissed.
V. KAMESWAR RAO, J
CHIEF JUSTICE FEBRUARY 15, 2019