M/S Bgr Mining & Infra Ltd vs Ntpc Ltd & Anr
2019 Latest Caselaw 1047 Del

      IN THE HIGH COURT OF DELHI AT NEW DELHI

                         Judgment reserved on: February 06, 2019
                        Judgment delivered on: February 15, 2019

+     LPA 81/2019, CM Nos. 5410-5411/2019
      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.
                versus
      NTPC LTD & ANR                                    ..... Respondents
                   Through:            Mr. Tushar Mehta, SG with
                                       Mr. Puneet Taneja, Mr. Kanu Agarwal,
                                       Ms. Shaheen and Ms. Laxmi Kumari,
                                       Advs. for NTPC
      CORAM:
      HON'BLE THE CHIEF JUSTICE
      HON'BLE MR. JUSTICE V. KAMESWAR RAO

                             JUDGMENT

V. KAMESWAR RAO, J

CM No. 5410/2019 (for exemption)

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.

LPA 81/2019

1. This Intra-Court appeal has been filed by M/S BGR

Mining & Infra Ltd the challenging the judgment dated January

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/ak