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* IN THE HIGH COURT OF DELHI AT NEW DELHI

+ O.M.P.(I) (COMM.) 421/2020
PANIPAT JALANDHAR NH-1 TOLLWAY PVT. LTD..... Petitioner
Through: Dr. Abhishek Manu Singhvi, Sr. Adv.
with Mr. Harish Malhotra, Sr. Adv.
and Mr. Dhirendra Negi, Ms. Pragya
Chauhan and Mr. Amit Bhandari,
Advs.

versus

NATIONAL HIGHWAYS AUTHORITY OF INDIA..... Respondent

Through: Mr. Tushar Mehta, Solicitor General
of India with Ms. Madhu Sweta and
Ms. Shivangi Khanna, Adv.

CORAM:
HON'BLE MR. JUSTICE SANJEEV NARULA
ORDER
% 03.03.2021

[VIA VIDEO CONFERENCING]

1. At the outset, Dr. Abhishek Manu Singhvi, learned Senior Counsel

submits that the Petitioner has invoked the arbitration clause and in terms
thereof, nominated its Arbitrator. The nomination from Respondent’s end is
still awaited.
2. Dr. Singhvi expresses apprehension that pending the constitution of
the Arbitral Tribunal, the Respondent may terminate the agreement in
question. On this issue, the Court has heard Dr. Abhishek Manu Singhvi and
Mr. Tushar Mehta, learned Solicitor General. Mr. Mehta submits that by

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 virtue of the order dated 24th February, 2020, passed by the Division Bench
of this Court, in FAO(OS) (COMM) 34/2020, in the event the Respondent
decides to terminate the contract between the parties, the Petitioner is
entitled to seek legal recourse and, as recorded therein, the order that may be
passed, shall be kept in abeyance for a period of seven working days,
reckoned from the date of receipt thereof by the Petitioner. Mr. Mehta
further submits that notice dated 4th December, 2020, impugned in the
present petition has been issued under Clause 36.1 of the Concession
Agreement dated 9th May, 2008. By referring to Clause 36.5.2, Mr. Mehta
explains that on expiry of period of 180 days, there would be deemed
termination. However, that event will occur after 90 days from tomorrow
i.e., 4th March, 2021.
3. In view of above, the matter is now set down for final hearing.
4. List on 13th April, 2021

SANJEEV NARULA, J
MARCH 3, 2021
ms

This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
The Order is downloaded from the DHC Server on 27/01/2024 at 17:22:48