Full Text
HIGH COURT OF DELHI
Date of Decision: 12.10.2018
ASHISH GREWAL & ORS. ..... Petitioners
Through Mr. Uttam Datt and Mr. Tarun Sharma, Advs.
Through Mr. Mahender Kr. Bhardwaj and Ms.Vinita Kumar Ashutosh, Advs. for
R-1.
Ms. Kritika Shukla, Adv for NHAI.
SATINDER SINGH GREWAL..... Petitioner
Through Mr. Uttam Datt and Mr. Tarun Sharma, Advs.
Through Mr. Anil Soni, CGSC with Mr.Abhinav Tyagi and Ms. Priyanka Singh, Advs.
Ms. Kritika Shukla, Adv for NHAI.
SURENDER RANA..... Petitioner
Through Mr. Uttam Datt and Mr. Tarun Sharma, Advs.
Through Mr. Mahender Kr. Bhardwaj and Ms.Vinita Kumar Ashutosh, Advs. for
R-1.
Ms. Kritika Shukla, Adv for NHAI.
SATPRAKASH RANA..... Petitioner
Through Mr. Uttam Datt and Mr. Tarun Sharma, Advs.
Through Mr. Mahender Kr. Bhardwaj and Ms.Vinita Kumar Ashutosh, Advs. for
R-1.
Ms. Kritika Shukla, Adv for NHAI.
SURENDER SINGH & ANR. ..... Petitioners
Through Mr. Uttam Datt and Mr. Tarun Sharma, Advs.
Through Mr. Ajay Digpaul, CGSC with Mr.Jitendra Kr. Tripathi, CGP and
Mr. Vipul Agrawal, Adv. for UOI.
Ms. Kritika Shukla, Adv for NHAI.
SURENDER BHATIA & ORS. ..... Petitioners
Through Mr. Uttam Datt and Mr. Tarun Sharma, Advs.
UNION OF INDIA & ANR. ..... Respondents
Through Mr.Jitendra Kr. Tripathi, CGP and Mr. Vipul Agrawal, Adv. for UOI.
Ms. Kritika Shukla, Adv for NHAI.
SAROJ DEVI & ORS. ..... Petitioners
Through Mr. Uttam Datt and Mr. Tarun Sharma, Advs.
Through Mr. Anil Soni, CGSC with Mr.Abhinav Tyagi and Ms. Priyanka Singh, Advs.
Ms. Kritika Shukla, Adv for NHAI.
SAROJ & ORS. ..... Petitioners
Through Mr. Uttam Datt and Mr. Tarun Sharma, Advs.
Through Ms. Kritika Shukla, Adv for NHAI.
DURGESH RANA & ANR. ..... Petitioners
Through Mr. Uttam Datt and Mr. Tarun Sharma, Advs.
UNION OF INDIA & ANR. ..... Respondents
Through Mr. Anil Soni, CGSC with Mr.Abhinav Tyagi and Ms. Priyanka Singh, Advs.
Ms. Kritika Shukla, Adv for NHAI.
NAVEEN GREWAL & ANR. ..... Petitioners
Through Mr. Uttam Datt and Mr. Tarun Sharma, Advs.
Through Mr. Mahender Kr. Bhardwaj and Ms.Vinita Kumar Ashutosh, Advs. for
R-1.
Ms. Kritika Shukla, Adv for NHAI.
VIRENDRA SINGH & ORS. ..... Petitioners
Through Mr. Uttam Datt and Mr. Tarun Sharma, Advs.
Through Mr. Vinod Diwakar, CGSC with Ms. Kashish Bajaj, Adv for R-1.
Ms. Kritika Shukla, Adv for NHAI.
AMARJEET RANA..... Petitioner
Through Mr. Uttam Datt and Mr. Tarun 2018:DHC:6733
Sharma, Advs.
Through Mr. Vinod Diwakar, CGSC with Ms. Kashish Bajaj, Adv for R-1.
Ms. Kritika Shukla, Adv for NHAI.
BALWAN SINGH..... Petitioner
Through Mr. Uttam Datt and Mr. Tarun Sharma, Advs.
Through Ms. Kritika Shukla, Adv for NHAI.
ASHOK KUMAR..... Petitioner
Through Mr. Uttam Datt and Mr. Tarun Sharma, Advs.
Through Mr. Vinod Diwakar, CGSC with Ms. Kashish Bajaj, Adv for R-1.
Ms. Kritika Shukla, Adv for NHAI.
RAJPAL SINGH..... Petitioner
Through Mr. Uttam Datt and Mr. Tarun 2018:DHC:6733
Sharma, Advs.
Through Mr. Vinod Diwakar, CGSC with Ms. Kashish Bajaj, Adv for R-1.
Ms. Kritika Shukla, Adv for NHAI.
JUDGMENT
1 These are petitions in which recourse has been taken to Section 11 of the Arbitration and Conciliation Act, 1996 (in short ‘1996 Act’). The petitioners claim that despite notice having been issued to the respondents, there has been no movement in the matter.
2 Learned counsel for the respondents, on the other hand, says that in view of the provisions of Section 3G of the National Highways Act, 1956 being in operation, the captioned petitions are not maintainable. According to the learned counsel for the respondents, this aspect of the matter stands concluded by the judgment of the Supreme Court in the matter of: General Manager (Project), National Highways and Infrastructure Development Corporation Ltd. Vs. Prakash Chand Pradhan & Ors., Civil Appeal No.5250 of 2018, dated 16.05.2018. Furthermore, attention has also been drawn to the order passed by this Court on 17.09.2018 in a batch of petitions; the lead petition being Arb. P. No.696/2018.
3 The respondents, in my view, are right and, therefore, these 2018:DHC:6733 ARB.P. 589/2018 & Connected Pg. 7 of 7 petitions are dismissed with liberty to the petitioners to take recourse to an appropriate remedy as may be available to them in law.
4 Accompanying applications shall, accordingly, stand closed.
RAJIV SHAKDHER, J OCTOBER 12, 2018 A