JUDGMENT :

A.K. Sikri, J.

1. Leave granted.

2. National Highway Authority of India (NHAI) had entered into agreement dated July 19, 2007 (hereinafter referred to as the ‘Concession Agreement’) whereby it had awarded a contract to M/s. T.K. Toll Road Pvt. Ltd. (hereinafter referred to as the ‘Concessionaire’) for undertaking, inter-alia, the design, engineering, financing, procurement, construction, operation and maintenance of the Project Highway on Build Operate and Transfer (BOT) basis on the National Highway 67 connecting Coimbatore and Nagapattinam. The Concessionaire vide EPC agreement (Engineering, Procurement and Construction Agreement) dated January 31, 2008 awarded the said work on a fixed lump sum turnkey basis to M/s. Utility Energytech and Engineers Private Limited (hereinafter referred to as the ‘EPC Contractor’). EPC Contractor, in turn, executed a Construction Agreement dated March 14, 2008 with the respondent herein (M/s. Techtrans Construction India Pvt. Ltd.) to execute the works as per terms and conditions entailed in that agreement. Clause 8 of that agreement permitted the respondent to sub-contract the structural work. Pursuant thereto, the respondent floated a te