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2020 Supreme(Del) 1056

REKHA PALLI
West Haryana Highways Projects Private Limited – Appellant
Versus
National Highways Authority of India – Respondent


Advocates Appeared:
Harish Malhotra, Advocate, Apoorv Agarwal, Advocate, Gurpreet Singh, Advocate, Akanksha Sharma, Advocate, Riya Thomas, Advocate, Gunjan Sinha Jain, Advocate, N.K. Sharma, Advocate, A.K. Tripathi, Advocate, Navneet, Advocate, Sandeep Sethi, Advocate, Apoorv Sarvaria, Advocate, R.P. Vats, Advocate, Sanjeev Kakra, Advocate, Shreya Vedantika Mehra, Advocate

JUDGMENT

Rekha Palli, J. - The present decision disposes of two petitions under Section 9 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as ''the Act''), both filed by the Concessionaire, raising disputes pertaining to the Concession Agreement dated 06.11.2007 executed with respondent no.1.

2. In the first petition, OMP(I)(COMM.) 144/2020, the petitioner has sought the following reliefs:-

    (a) Pending the adjudciation of the disputes, issue an ad interim ex-parte injunction/interim measures as contemplated under Section 9 of the Arbitration and Conciliation Act, 1996, thereby restraining the respondent from taking any action to enforce the said impugned tender i.e. NIT No. NHAI/RO/CHD/11101/PD-RTK/DLH-RTK/NH0/O&M/R&C/ RFP dated 17.04.2020 with respect to 4-6 laning of Delhi/Haryana border to Rohtak Section of NH-10 from 29.700 to Km 87.000 including Bahadurgarh and Rohtak bypasses in the State of Haryana under NHDP Phase II(A) on BOT basis Phase- I Repair & Maintenance works from 30.000 to km 44.000 or to enter into any contract or agreement or to award the said tender;

      (b) Pending the adjudciation of the disdpute, issue an ad interim ex-parte injunction/inter

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