Delhi High Court
Roadway Solutions India Infra ... vs National Highway Authority Of ... on 29 May, 2023
$~33
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of decision: 29th May, 2023
+ FAO(OS) (COMM) 114/2023 & CM APPL. 28707/2023,
28716/2023, 29463-29464/2023 & 29625/2023
ROADWAY SOLUTIONS INDIA INFRA LIMITED ..... Appellant
Through: Mr. Rajiv Nayar, Sr. Advocate with
Mr. Samir Malik, Ms. Prachi Garg,
Mr. Saurabh Seth, Mr. Sandeep
Sharma, Mr. Varun Kalra and Mr.
Krishan Kumar, Advocates.
versus
NATIONAL HIGHWAY AUTHORITY OF INDIA ..... Respondent
Through: Mr. Parag P. Tripahti, Sr. Advocate
with Mr. Ankur Mittal, Mr. Abhay
Gupta, Mr. Raushal Kumar and Ms.
Vasundhara Bakhru, Advocates.
CORAM:
HON'BLE MR. JUSTICE SURESH KUMAR KAIT
HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA
J U D G M E N T (oral)
1. Vide this appeal, the appellant is praying as under:
"(a) Set aside the Order and judgment dated 24.05.2023
passed by this Hon'ble Court in OMP (I) (COMM) 41 of
2023.
(b) Pass an order staying the operation and effect of the
Notice dated 31.01.2023 of intent to terminate the Contract
issued by the Respondent to the Appellant, and restrain the
Respondent from acting upon the said notice pending the
Digitally Signed
By:ROHIT KUMAR
Signing Date:30.05.2023
12:21
completion of the dispute resolution process set out in
Clause 67 of Conditions of Particular Application in the
Contract;
(c) Set aside the Notice dated 31.01.2023 of intent to
terminate the Contract issued by the Respondent to the
Appellant;
(d) Direct the Respondent to maintain status quo with
respect to the Performance Security Bank Guarantee dated
27.06.2022 and Additional Performance Security Bank
Guarantee dated 27.06.2022, pending determination of
subject matter of dispute between the parties in accordance
with the terms of the Contract;
(e) Pending hearing and disposal of this Appeal, to pass an
Order staying the effect and operation of the Order and
Judgment dated 24.05.2023 passed by this Hon'ble Court in
OMP (I) (COMM) 41 of 2023;"
2. After hearing learned counsel for parties in brief, it is not in dispute
that the Tribunal has been constituted on 22.04.2023.
3. Learned Senior Counsel for respondent has informed this Court that
earlier the last date for submission of bid for new tender for the project in
question was 31.05.2023 which is likely to be extended to 05.06.2023 and it
normally takes a week thereafter to finalise the successful bidder.
4. Accordingly, without expressing any opinion on the merits of the
case, we hereby dispose of present appeal by giving liberty to the appellant
to file a petition under Section 17 of the Arbitration and Conciliation Act,
1996 including challenging termination of Contract of appellant, the issue of
participation in the bid in question and the bank guarantee.
5. Till the appellant approaches the Tribunal and first sitting of the
Tribunal takes place in the petition to be preferred by the appellant herein,
the respondent shall not encash the bank guarantee.
Digitally Signed
By:ROHIT KUMAR
Signing Date:30.05.2023
12:21
6. Needless to say, respondent is at liberty to take all the challenges
including the maintainability of the claim before the Tribunal.
7. Pending applications also stand disposed of.
Copy of this order be given dasti under signatures of Court Master.
(SURESH KUMAR KAIT)
JUDGE
(NEENA BANSAL KRISHNA)
JUDGE
MAY 29, 2023/rk
Digitally Signed
By:ROHIT KUMAR
Signing Date:30.05.2023
12:21
