National Highways Authority Of ... vs Smt. Baby Bai
2022 Latest Caselaw 2029 MP

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                                       High Court of Madhya Pradesh, Jabalpur
                                                   Bench at Indore
                                     Miscellaneous Petition No.1967/2021
                                     Miscellaneous Petition No.1972/2021
                                     Miscellaneous Petition No.1986/2021
                                     Miscellaneous Petition No.2101/2021
                         Indore, Dated 14.02.2022
                                Ms. Anita Sharma, learned counsel for the petitioner / National Highway

                         Authority of India.

                                Heard on IA No.4638/2021, IA No.4663/2021, IA No.4710/2021 and IA

                         No.5175/2021, application (s) for ad-interim stay.

                                In light of the judgment passed by the Hon'ble Supreme Court in the case

                         Bharat Aluminum Company v. Kaiser Aluminum Technical Services INC

                         reported in (2012) 9 SCC 522 and the order dated 17.12.2018 passed by the co-

                         ordinate bench in Arbitration Appeal No.41/2018 (Gopal v. National Highway

                         Authority of India & others), issue notice to the respondent (s) on payment of

Process Fee (PF) within three working days, failing which this petition shall stand

dismissed without further reference to this Court. Notice be made returnable

within four weeks.

In the meanwhile, the effect and operation of the impugned order dated

09.02.2021 (Annexure P/1) passed by learned 5 th Additional Sessions Judge,

Ujjain shall remain stayed and award dated 13.08.2018 (Annexure P/2) passed by

the Arbitrator, Ujjain shall not be given effect until further orders.

Let the matter be listed along with Miscellaneous Petition No.2114, 2025,

2026, 2029, 2041 and 1939 of 2021 for analogous hearing.

(Subodh Abhyankar) Judge rcp

RAMESH CHANDRA PITHWE 2022.02.14 17:51:20 +05'30'