High CourtsDivision Bench(2020) 10 DEL CK 0130

GMR Ambala Candhigarh Expressways Pvt. Ltd. vs National Highway Authority Of India

Delhi High Court · Decided on 20 October 2020

HON’BLE JUDGES
Manmohan, J · Sanjeev Narula, J
RESULT
Dismissed
CASE NUMBER
First Appeal From Order (OS) (COMM) No. 127, 129 Of 2020, Civil Miscellaneous No. 26371, 26373, 26376, 26378 Of 2020

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Judgment

6 paragraphs · 264 words

Manmohan, J

1.

The appeals have been heard by way of video conferencing.

2.

In view of the earlier Division Bench judgment of this Court in Nussli Switzerland Ltd. Vs. Organizing Committee Commonwealth Games, 2010, 2014 SCC OnLine Del 4834 as well as that of the Bombay High Court in Dirk India Private Limited Vs. Maharashtra State Electricity Generation Company Limited, 2013 SCC OnLine Bom 481, wh ich h ave held that a party whose claim has been rejected by t h e Arbitral Tribunal cannot maintain a Section 9 application for an interim relief, t he present appeals along with pending applications are dismissed.

3.

However, learned senior counsel for the appellants state that the appellants intend to approach the Supreme Court against this judgment as well as the orders dated 24th September, 2020 passed by a learn ed Sin gle Judge of this Court dismissing the appellants' applications being I.A.Nos.8412/2020 and 8417/2020 under Section 36 of the Arbitration Act. Accordingly, they state that the respondents be direct ed n ot t o t ake an y coercive action for a period of three weeks, as otherwise the prayer of t h e appellants for interim relief would become infructuous.

4.

Keeping in view the aforesaid, it is directed that the respondents shall not take any coercive action against the appellants for a period of t h ree weeks on account of the impugned orders passed by the learned Single Judge.

5.

The order be uploaded on the website forthwith. Copy of the order be also forwarded to the learned counsel through e-mail.