JUDGMENT :

ASHA MENON, J:

1. The following observations by the learned Single Judge in the order dated 12th March, 2021 passed in O.M.P.(I) (COMM.) 98/2021 has brought the appellant/National Highways Authority of India (“NHAI”, for short) before us: -

“21. Mr. Mehta has laid much emphasis on the intent of the language used in Clause 37.1.2 which begins with the words “without prejudice to any other rights or remedies”. There is no doubt that the Respondent could take recourse to the aforesaid provision without prejudice to other rights and remedies and proceed to suspend the Petitioner and accord it an opportunity to cure the defects. However, that does not mean that in case the Respondent has elected to exercise this remedy, it could simultaneously also proceed to terminate under Clause 37.1.2 on the basis of same set of facts. Since the Respondent has elected to go down the path of suspending the rights of the Petitioner as available under the agreement, the opportunity to cure the defects has to be necessarily given, failing which, the Clause itself would become redundant.

22. Be that as it may, we are at the stage of admission. The Petitioner has made out a prima facie case in its